Hector Martinez Rivera v. State

• Court: Court of Appeals of Texas
• Decided: December 31, 2018
• Docket: 02-18-00111-CR
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________

No. 02-18-00111-CR ___________________________

HECTOR MARTINEZ RIVERA, Appellant

V.

THE STATE OF TEXAS

On Appeal from the 297th District Court Tarrant County, Texas Trial Court No. 1402992D

Before Birdwell, J.; Sudderth, C.J.; and Bassel, J. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT

We abated this appeal for the trial court to determine why appellant had not

timely filed a brief. In accordance with our order, the trial court held a hearing at

which the judge inquired whether appellant desired to continue his appeal. Appellant

stated unequivocally that after consulting with his attorney, he had voluntarily decided

not to continue his appeal. Accordingly, we dismiss the appeal. See Hendrix v. State, 86

S.W.3d 762, 763–64 (Tex. App.––Waco 2002, no pet.); Conners v. State, 966 S.W.2d

108, 109–11 (Tex. App.––Houston [1st Dist.] 1998, pet. ref’d); see also Tex. R. App.

P. 2, 42.2(a), 43.2(f).

Per Curiam

Do Not Publish Tex. R. App. P. 47.2(b)

Delivered: December 31, 2018