Jordan L. Walker v. the State of Texas

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-22-00507-CR

Jordan L. Walker, Appellant

v.

The State of Texas, Appellee

FROM THE 264TH DISTRICT COURT OF BELL COUNTY NO. 83722, THE HONORABLE PAUL L. LEPAK, JUDGE PRESIDING

MEMORANDUM OPINION

On January 31, 2023, this Court abated the appeal and remanded to the trial court

for a hearing to determine whether appellant desired to continue prosecuting this appeal and

requested that the trial court prepare supplemental records pertaining to the hearing and file

the records with this Court. See Tex. R. App. P. 38.8. Following the hearing, the trial court

prepared supplemental clerk’s records containing a docket entry showing that appellant wished

to dismiss her appeal, a motion to dismiss the appeal signed by appellant and her trial counsel,

and affidavits from appellant and her trial counsel swearing that the statements in the motion

to dismiss were true and accurate. See id. R. 42.2. Accordingly, we grant the motion and

dismiss the appeal. See id.; see also R. 2 (allowing appellate courts to suspend rule’s operation

or order different procedure “to expedite a decision or for other good cause”); Lucero v. State,

Nos. 03-21-00313—00315, 2022 WL 16556833, at *8-9 (Tex. App.—Austin Oct. 31, 2022, no pet.) (mem. op., not designated for publication) (dismissing appeals where record from Rule 38.8

hearing established that defendant had agreed to dismiss appeals).

__________________________________________ Thomas J. Baker, Justice

Before Justices Baker, Smith, and Jones*

Dismissed on Appellant’s Motion

Filed: March 23, 2023

Do Not Publish

*Before J. Woodfin Jones, Chief Justice (Retired), Third Court of Appeals, sitting by assignment. See Tex. Gov’t Code § 74.003(b).