Jason Eugene Arnold v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 28, 2023
• Docket: 02-22-00313-CR
• Status: Published

Opinion

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

No. 02-22-00313-CR ___________________________

JASON EUGENE ARNOLD, Appellant

V.

THE STATE OF TEXAS

On Appeal from the 396th District Court Tarrant County, Texas Trial Court No. 1424463D

Before Sudderth, C.J.; Kerr and Walker, JJ. Memorandum Opinion by Justice Walker MEMORANDUM OPINION

Appellant Jason Eugene Arnold was convicted by a jury of sexual assault and

sentenced to ten years’ confinement, which was probated for ten years. Later, the

State moved to revoke his probation. After a hearing on the State’s motion, the trial

court found it true that Arnold had violated certain terms of his probation, revoked

his probation, and sentenced him to eight years’ confinement. Arnold filed a notice

of appeal but his attorney later informed us that Arnold had expressed a desire to

withdraw the appeal. However, Arnold filed neither a motion to dismiss the appeal

nor an appellant’s brief.

Accordingly, we abated the appeal and remanded for the trial court to conduct

a hearing to determine whether Arnold still desired to prosecute this appeal. At that

hearing, Arnold confirmed that he no longer wished to pursue this appeal. We

reinstated the appeal upon receipt of the record from the abatement hearing. Arnold

then filed with this court a motion to withdraw the appeal in which he reiterated his

desire not to continue with the appeal. See Tex. R. App. P. 42.2(a) (providing that

appellate court may dismiss an appeal upon appellant’s written motion any time

before handing down its opinion).

In light of this and because we have not yet decided the appeal, we grant

Arnold’s motion and dismiss this appeal. See Tex. R. App. P. 42.2(a), 43.2(f).

2 /s/ Brian Walker

Brian Walker Justice

Do Not Publish Tex.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

Delivered: September 28, 2023