Glenn Everett Tippett v. State

• Court: Court of Appeals of Texas
• Decided: September 22, 1999
• Docket: 04-99-00275-CR
• Status: Published

Opinion

No. 04-99-00275-CR & 04-99-00276-CR Glenn Everett TIPPETT, Appellant v. The STATE of Texas, Appellee From the 216th Judicial District Court, Gillespie County, Texas Trial Court Nos. 2943 & 2964 Honorable Stephen B. Ables, Judge Presiding

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and filed: September 22, 1999

APPEALS DISMISSED

On July 21, 1999, we remanded these appeals to the trial court for a hearing to determine whether appellant desires to prosecute his appeal, whether he is indigent, and whether counsel has abandoned the appeal. The appellant, after notice of the hearing from the trial court, filed motions in the trial court to abandon the appeal in both cases. The motions to abandon appeal are signed by both the appellant and his counsel.

04-99-00275-CR & 04-99-00276-CR

On August 16, 1999, the trial court filed the Clerk's Record in both cases, including the court's findings of fact and conclusions of law. The trial court noted that the appellant filed motions to abandon the appeal in both cases, found that the appellant does not desire to prosecute either of the appeals, and found that the issue of indigency is moot due to the abandonment of the appeals.⁽¹⁾

We find that Appellant is entitled to a voluntary dismissal of both appeals. The appeals are dismissed. Tex. R. App. P. 42.2(a). Our mandate may be issued early upon proper motion. Tex. R. App. P. 18.1(c).

DO NOT PUBLISH

1. The trial court found that the issue of indigency had not been resolved other than through the fact that appellant has been represented by non-court appointed counsel and failed to file an affidavit of indigency or other request for relief.