Karl Dean Stahmann v. State

Opinion

ACCEPTED 03-14-00811-CR 4070591 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/9/2015 11:38:30 AM JEFFREY D. KYLE CLERK IN THE COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS KARL DEAN STAHMANN, * 2/9/2015 11:38:30 AM Appellant * JEFFREY D. KYLE Clerk v. * No. 03-14-00811-CR

THE STATE OF TEXAS * APPELLANT'S MOTION TO DISMISS APPEAL

TO THE HONORABLE CHIEF JUSTICE AND JUSTICES OF SAID COURT:

In support of this Motion, Appellant would show:

1. Appellant was placed on deferred adjudication community supervision for the

state jail felony offense of credit card abuse.

2. On December 1, 2014, the trial judge entered an adjudication of guilt and

assessed punishment at two years confinement probated for a period of five

years.

3. The trial court ordered appellant taken into custody.

4. On December 15, 2014, undersigned counsel filed the Motion for New Trial

and the Defendant's Motion for Bail Pending Determination of Motion for

New Trial and Pending Appeal.

5. On December 15, 2014, the trial court summarily denied the Motion for Bail.

Page 1 of3 6. On December 23, 2014, undersigned counsel filed two notices of appeal: (a)

related to the determination of guilt; and, (b) related to the denial of bail. The

notice in the latter was styled Defendant's Notice of Appeal- Bail

Proceeding.

7. Article 44.04(g) provides for the right of appeal from the denial of bail.

8. The Defendant's Notice of Appeal- Bail Proceeding was received in this

Honorable Court on December 29, 2014, and assigned this cause number.

9. Pursuant to Texas Rule of Appellate Procedure 42.2, Appellant moves to

dismiss the appeal. Appellant has signed the attached document seeking

dismissal.

10.Appellant DOES NOT wish to dismiss cause no. 03-15-00068-CR which

relates to the appeal of the merits of the trial judge's decision to enter a finding

of guilt in cause no. CR20 11-031. 1

Respectfully submitted,

/s/ Charles F. Baird CHARLES F. BAIRD TBA # 00000045

1 The determination to proceed with an adjudication of guilt on the original charge is reviewable on appeal. Tex. C. Crim. Proc. art 42.12, sec. 5(b).

Page 2 of3 B_ Y9 P 2312 .·. Trails Blvd - 101-A Austin, TX 78745 Tel: 512 : 911 Fax: 512-804-5919 Email: ~~~~~~~ .

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing

document was served on Jennifer A. Tharp, Assistant District Attorney, Comal

District Attorney's Office, on February 9, 2015, via fax.

Is/ Charles F. Baird CHARLES F. BAIRD

Page 3 of3 QE 1Jj_t- B.EJLL/!-

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