Dyllan Chance Godwin v. State

Opinion

Order filed January 28, 2014.

In The

Fourteenth Court of Appeals ____________

NO. 14-13-00631-CR ____________

DYLLAN CHANCE GODWIN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 208th District Court Harris County, Texas Trial Court Cause No. 1320939

ORDER

Appellant entered a plea of guilty, without an agreed recommendation on punishment, to sexual assault of a child. On June 10, 2013, the trial court sentenced appellant to confinement for five years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a pro se notice of appeal. On October 14, 2013, the trial court appointed Steven A. Hershkowitz to represent appellant. Appellant’s brief is due February 3, 2014. On January 15, 2014, appellant filed a pro se letter in which he states that he no longer wishes to pursue his appeal. Texas Rule of Appellate Procedure 42.2(a) states that appellant and his attorney must sign a motion to dismiss an appeal. See Tex. R. App. P. 42.2(a). Accordingly, we issue the following order:

Appellant’s counsel, Steven A. Hershkowitz, is directed to file a response to this order on or before February 7, 2014, stating whether he joins in appellant’s pro se request to dismiss his appeal. See Tex. R. App. P. 2 (permitting the court to suspend a rule’s operation and order a different procedure to expedite a decision or for other good cause).

PER CURIAM