Gerald W. Graves v. State

• Court: Court of Appeals of Texas
• Decided: July 30, 2003
• Docket: 06-02-00186-CR
• Status: Published

Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-02-00186-CR ______________________________

GERALD W. GRAVES, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 188th Judicial District Court Gregg County, Texas Trial Court No. 20,322-A

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Before Morriss, C.J., Ross and Carter, JJ. Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

Gerald W. Graves has filed an appeal from the revocation of his community supervision based on his plea of true to stipulated evidence. He retained counsel for appeal. Counsel withdrew by permission of this Court on December 17, 2002, after he had reviewed the record and concluded there were no viable grounds on which an appeal could be successfully pursued. See McCoy v. Court of Appeals of Wisconsin, Dist. 1, 486 U.S. 429, 436 (1988).

Graves' brief was then due by December 27, 2002. Graves asked this Court for additional time to hire counsel, and we granted him a thirty-day extension to January 27, 2003. He did not hire new counsel, file a brief, or contact this Court. On February 28, 2003, we wrote Graves, warning him that, if he did not pursue his appeal, it would be subject to dismissal for want of prosecution. See Stavinoha v. State, 82 S.W.3d 690 (Tex. App.-Waco 2002, no pet.); Bush v. State, 80 S.W.3d 199 (Tex. App.-Waco 2002, no pet.); see also McDaniel v. State, 75 S.W.3d 605 (Tex. App.-Texarkana 2002, no pet.); Rodriguez v. State, 970 S.W.2d 133, 135 (Tex. App.-Amarillo 1998, pet. ref'd).

Graves has not contacted this Court, hired new counsel, or made any effort since that date to pursue this appeal.

We dismiss the appeal.

Josh R. Morriss, III

Chief Justice

Date Submitted: July 29, 2003

Date Decided: July 30, 2003

Do Not Publish