Gerardo Lugo Flores v. State

• Court: Court of Appeals of Texas
• Decided: October 4, 2000
• Docket: 04-00-00087-CR
• Status: Published

Opinion

No. 04-00-00087-CR Gerardo Lugo FLORES, Appellant v. The STATE of Texas, Appellee From the 218th Judicial District Court, Atascosa County, Texas Trial Court No. 99-01-0030-CRA Honorable Olin B. Strauss, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Tom Rickhoff, Justice

Karen Angelini, Justice

Delivered and Filed: October 4, 2000

APPEAL DISMISSED

When we received the clerk's record in this cause, it included a motion to dismiss the appeal signed and verified by appellant, but not signed by counsel, as is required by Texas Rule of Appellate Procedure 42.2(a). On May 30, 2000, we issued an order to appellant's counsel to file a proper withdrawal of the notice of appeal pursuant to Rule 42.2(a). Counsel did not respond to our order, and when this Court attempted to contact him, we learned he had been deployed to Bosnia. Therefore, on June 21, 2000, we abated this appeal and ordered a hearing in the trial court. We requested that the trial judge make appropriate findings and recommendations, including whether appellant wished to prosecute the appeal. The record of that hearing has been filed in this Court. Appellant was present at the hearing, and was represented by different counsel. Appellant testified that he did not wish to pursue the appeal, and his new counsel confirmed that appellant did not desire to proceed with the appeal. Appellant did not pay for the reporter's record and none was filed.

Appellant's new counsel has failed to file a proper written motion to withdraw the appeal. Tex. R. App. P. 42.2(a). However, in light of appellant's statements in open court, we believe that good cause exists to suspend the operation of Rule 42.2(a) in this case in accordance with Rule 2. Tex. R. App. P. 2. We have not yet issued a decision. Accordingly, the appeal is dismissed.

DO NOT PUBLISH