Moises Valdez, Jr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 9, 2023
• Docket: 02-23-00088-CR
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________

No. 02-23-00088-CR ___________________________

MOISES VALDEZ, JR., Appellant

V.

THE STATE OF TEXAS

On Appeal from County Criminal Court No. 1 Tarrant County, Texas Trial Court No. 1753103

Before Sudderth, C.J.; Wallach and Walker, JJ. Memorandum Opinion by Justice Wallach MEMORANDUM OPINION

After Appellant Moises Valdez, Jr. filed his notice of appeal, we twice abated

for the trial court to hold a hearing to determine, among other matters, whether

Valdez wanted to pursue his appeal, whether he was indigent, and if he was indigent,

whether he wanted an attorney appointed to represent him in this appeal. During the

hearing on the second abatement, Valdez told the trial court that he did not want to

pursue his appeal. The trial court confirmed that Valdez’s choice would remain the

same even if the court found him indigent and appointed him an attorney.

Valdez has not moved to voluntarily dismiss his appeal under Rule 42.2(a) of

the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.2(a). However, Valdez

stated on the record at the second abatement hearing that he did not want to pursue

this appeal, and he approved the trial court’s making a finding to that effect.

Accordingly, based on the record before us, we hold that good cause exists to suspend

Rule 42.2(a) in this case, and we dismiss this appeal. See Tex. R. App. P. 2; Detwiler v.

State, No. 02-18-00457-CR, 2019 WL 984179, at *1 (Tex. App.—Fort Worth Feb. 28,

2019, no pet.) (mem. op., not designated for publication); Lawson v. State, No. 2-06-

204-CR, 2007 WL 495165, at *1 (Tex. App.—Fort Worth Feb. 15, 2007, no pet.) (per

curiam) (mem. op. and jdmt, not designated for publication).

2 /s/ Mike Wallach Mike Wallach Justice

Do Not Publish Tex. R. App. P. 47.2(b)

Delivered: November 9, 2023