Lance Nero v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 14, 2023
• Docket: 01-22-00225-CR
• Status: Published

Opinion

Opinion issued September 14, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-22-00225-CR NO. 01-22-00226-CR ——————————— LANCE NERO, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court at Law No. 4 Harris County, Texas Trial Court Case Nos. 2286260 and 2323605

MEMORANDUM OPINION

Appellant, Lance Nero, appealed from the judgments revoking community

supervision imposed on March 21, 2022 in the underlying cases. The notices of

appeal were filed by appellant’s court appointed trial counsel. Appellant’s court-appointed trial counsel also moved to withdraw as appellant’s counsel in each

of the underlying cases. The trial court allowed counsel to withdraw, found that

appellant was indigent for the purpose of employing counsel and paying for the

clerk’s and reporter’s records, and granted appellant’s motions to appoint appellate

counsel. However, the trial court did not appoint counsel to represent appellant on

appeal at that time.

Accordingly, on June 29, 2023, the Court abated each of these appeals and

directed the trial court to appoint counsel to represent appellant in his appeals. On

August 9, 2023, a supplemental clerk’s record was filed with the Court which

included a July 6, 2023 order appointing Taylor Allison Landis Mathis as counsel

for appellant in his appeals.

On August 31, 2023, appellant filed a motion to dismiss his appeals, stating

that he “no longer wishe[d] to prosecute his appeal[s]” and requesting that “this

Court grant [his] motion and dismiss th[ese] appeals.”

Appellant and his attorney have signed the motion, and this Court has not

issued a decision. See TEX. R. APP. P. 42.2(a). Further, more than ten days have

passed, and the State has not expressed opposition to appellant’s motion. See TEX.

R. APP. P. 10.3(a)(2).

2 Accordingly, we reinstate the cases on the Court’s active docket, grant

appellant’s motion and dismiss the appeals. See TEX. R. APP. P. 42.2(a), 43.2(f). We

dismiss any other pending motions as moot.

PER CURIAM

Panel consists of Justices Kelly, Landau, and Farris. Do not publish. TEX. R. APP. P. 47.2(b).