Robert Scott Shearer v. State

• Court: Court of Appeals of Texas
• Decided: January 19, 2015
• Docket: 10-14-00031-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-14-00031-CR

ROBERT SCOTT SHEARER, Appellant v.

THE STATE OF TEXAS, Appellee

From the County Court at Law No. 2 Brazos County, Texas Trial Court No. 5054-A

MEMORANDUM OPINION

In this matter, appellant, Robert Scott Shearer, appeals a County Court at Law

judgment in a trial de novo pertaining to a speeding ticket. In a letter dated December

17, 2014, this Court questioned its jurisdiction in this case, especially considering that

theunderlying judgment did not appear to impose a fine or affirm a fine in excess of

$100. See TEX. CODE CRIM. PROC. ANN. art. 4.03 (West Supp. 2014). We warned

appellant that this appeal would be dismissed unless a response was filed within seven

days of our December 17, 2014 letter adequately explaining why this Court has jurisdiction over this appeal. To date, appellant has not responded to our December 17,

2014 letter.1

Under these circumstances, we conclude that the record demonstrates that

appellant does not intend to pursue this appeal. Therefore, under our inherent

authority, we dismiss this cause for want of prosecution. See Ealy v. State, 222 S.W.3d

744, 745 (Tex. App.—Waco 2007, no pet.) (citing Peralta v. State, 82 S.W.3d 724, 725-26

(Tex. App.—Waco 2002, no pet.)); see also Evans v. State, No. 10-09-00251-CR, 2010 Tex.

App. LEXIS 546, at *3 (Tex. App.—Waco Jan. 27, 2010, no pet.) (mem. op., not

designated for publication). This cause is hereby dismissed.2

AL SCOGGINS Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Dismissed Opinion delivered and filed January 15, 2015 Do not publish [CR25]

1In fact, throughout the process, appellant has only filed one thing with this Court—a motion for extension of time to file a late brief that has not yet been filed.

2 A motion for rehearing may be filed within 15 days after the judgment or order of this Court is rendered. See TEX. R. APP. P. 49.1. If appellant desires to have the decision of this Court reviewed by filing a petition for discretionary review, that petition must be filed in the Court of Criminal Appeals within 30 days after either the day the court of appeals’ judgment was rendered or the day the last timely motion for rehearing was overruled by the court of appeals. See id. at R. 68.2(a).

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