Rocky Joe Maxey v. State
This text of Rocky Joe Maxey v. State (Rocky Joe Maxey v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Opinion filed December 21, 2006
In The
Eleventh Court of Appeals
____________
No. 11-06-00046-CR
__________
ROCKY JOE MAXEY, Appellant
V.
STATE OF TEXAS, Appellee
On Appeal from the 142nd District Court
Midland County, Texas
Trial Court Cause No. CR30478
O P I N I O N
The State has filed in this case a motion to dismiss the appeal pursuant to Tex. R. App. P. 42.4. The motion is supported by an affidavit and complies with the requirements of Rule 42.4. On the face of the affidavit, it is apparent that Rocky Joe Maxey did not voluntarily return to custody. We agree with the State=s contention that appellant=s flight while fitted with a Secure Continuous Remote Alcohol Monitor is an Aescape@ under the Texas Rules of Appellate Procedure. See Luciano v. State, 906 S.W.2d 523, 524-25 (Tex. Crim. App. 1995); Ike v. State, 998 S.W.2d 323, 324 (Tex. App.CHouston [1st Dist.] 1999, no pet.); Porras v. State, 966 S.W.2d 764, 765 (Tex. App.C Amarillo 1998, no pet.). The motion is granted.
The appeal is dismissed.
PER CURIAM
December 21, 2006
Do not publish. See Tex. R. App. P. 47.2(b).
Panel consists of: Wright, C.J.,
McCall, J., and Strange, J.
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