Roque Emilio Badillo v. State

• Court: Court of Appeals of Texas
• Decided: April 19, 2018
• Docket: 13-18-00057-CR
• Status: Published

Opinion

NUMBER 13-18-00057-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

ROQUE EMILIO BADILLO, Appellant,

v.

THE STATE OF TEXAS, Appellee. ____________________________________________________________

On appeal from the 197th District Court of Willacy County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Benavides and Longoria Memorandum Opinion by Justice Longoria

Appellant, Roque Emilio Badillo, filed an appeal from a denial of a writ of habeas

corpus. On March 9, 2018, appellant’s counsel filed a motion to dismiss the appeal on

the basis that counsel has made attempts to locate appellant with no avail and believes

appellant has been deported. On March 23, 2018, this Court abated the appeal and ordered the trial court to

determine whether appellant can be located and whether appellant has abandoned his

appeal. Based on the trial court hearing, the trial court judge found that appellant’s exact

whereabouts are unknown, appellant entered into a plea agreement with the State of

Texas and has no right to appeal, and appellant has abandoned his appeal.

Based upon the recommendations of the trial court that appellant has abandoned

his appeal, we conclude that good cause exists to suspend the operation of Rule 42.2(a)

in this case. See TEX. R. APP. P. 2. Accordingly, counsel’s motion is GRANTED and

the appeal is DISMISSED.

NORA L. LONGORIA Justice

Do not publish. See TEX. R. APP. P. 47.2(b).

Delivered and filed the 19th day of April, 2018.