Jeromy Keith Morrison v. State

• Court: Court of Appeals of Texas
• Decided: April 5, 2007
• Docket: 13-06-00316-CR
• Status: Published

Opinion

NUMBER 13-06-316-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

______________________ ________________________________

JEROMY KEITH MORRISON, Appellant,

v.

THE STATE OF TEXAS, Appellee.

_______________________________________________________

On appeal from the 33^rd District Court of Llano County, Texas.

MEMORANDUM OPINION

Before Justices Yañez, Rodriguez, and Vela Memorandum Opinion Per Curiam

Appellant, Jeromy Keith Morrison, appeals his conviction for driving while intoxicated. On August 24, 2006, after the court reporter notified the Court that appellant had not requested a reporter's record, we abated the appeal and remanded the case to the trial court to determine, among other things, whether appellant wished to continue the appeal. The trial court held a hearing on our abatement order on September 14, 2006. According to the record of the hearing below, appellant has decided to abandon this appeal.

Appellant's retained counsel has filed a motion to abate the appeal. According to the motion, appellant does not desire to prosecute the appeal; however, the motion to abate was not signed by appellant as required by Rule 42.2(a). See Tex. R. App. P. 42.2(a).

Based upon the trial court's findings of fact and the supplemental records filed in this court, we conclude that good cause exists to suspend the operation of Rule 42.2(a) in this case. See Tex. R. App. P. 2; cf. Hendrix v. State, 86 S.W.3d 762, 763-64 (Tex. App.-Waco 2002, no pet.) (applying Rule 2 to suspend requirement that counsel file written withdrawal of appeal after appellant stated on record in trial court that he desired "to drop the appeal"). Construing the motion to abate as a motion to dismiss pursuant to Rule 42.2(a) of the Texas Rules of Appellate Procedure, we grant the motion and dismiss the appeal. See Tex. R. App. p. 42.2(a).

The appeal is DISMISSED.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and filed this

the 5^th day of April, 2007.