Jose Rodriguez, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: January 10, 2006
• Docket: 07-05-00374-CR
• Status: Published

Opinion

NO. 07-05-0374-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

JANUARY 10, 2006 ______________________________

JOSE MARTINEZ RODRIGUEZ,

Appellant

v.

THE STATE OF TEXAS,

Appellee _________________________________

FROM THE 137TH DISTRICT COURT OF LUBBOCK COUNTY;

NO. 95-419,903; HON. CECIL PURYEAR, PRESIDING _______________________________

Order of Dismissal _______________________________

Before QUINN, C.J., and REAVIS and CAMPBELL, JJ.

Jose Martinez Rodriguez (appellant) appealed from his conviction for delivery of

marijuana. Because the court reporter had not filed a record, we abated and remanded

the cause to the 137th District Court of Lubbock County (trial court). The latter convened

a hearing attended by appellant and his counsel. At the proceeding, appellant informed

the trial court that he no longer cared to prosecute the appeal. The trial court found this decision to be knowing and voluntary. Furthermore, it along with appellant's

representations were memorialized in a supplemental clerk's record filed with this court.

Although we have no motion to dismiss before us as required by Texas Rule of

Appellate Procedure 42.2(a), Rule 2 of the same rules permits us to suspend the operation

of an existing rule. TEX . R. APP. P. 2; see Rodriguez v. State, 970 S.W.2d 133, 135 (Tex.

App.–Amarillo 1998, pet. ref'd). Therefore, pursuant to Rule 2, and because appellant has

clearly revealed his desire to forego appeal, we suspend Rule 42.2(a) and dismiss the

appeal based upon appellant's representation to the trial court.

Having so dismissed the appeal, no motion for rehearing will be entertained, and our

mandate will issue forthwith.

Brian Quinn Chief Justice

Do not publish.