Sam Lee Palmer v. State

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-12-00569-CR

SAM LEE PALMER APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM COUNTY CRIMINAL COURT NO. 2 OF TARRANT COUNTY

MEMORANDUM OPINION 1

We abated this case to the trial court on September 9, 2013 so that the

trial court could determine whether Appellant desired to prosecute his appeal. At

the abatement hearing held on October 2, 2013, Appellant’s retained counsel

stated to the trial court that Appellant, who did not appear for the abatement

hearing, was in Dallas County serving a five-year sentence. Appellant’s retained

1 See Tex. R. App. P. 47.4. counsel further told the trial court on the record that Appellant had communicated

to him that he did not wish to pursue this appeal. The reporter’s record provides

that counsel for the State also appeared at the abatement hearing.

We hold that this procedure substantially complies with rule 42.2(a) of the

rules of appellate procedure. 2 No decision of this court having been delivered

before we received evidence of Appellant’s desire to dismiss his appeal, we

dismiss this appeal. 3

PER CURIAM

PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.

DO NOT PUBLISH Tex. R. App. P. 47.2(b)

DELIVERED: November 21, 2013

2 See Tex. R. App. P. 42.2(a); Robertson v. State, No. 01-11-00743-CR, 2012 WL 5285913, at *1 (Tex. App.—Houston [1st Dist.] Oct. 25, 2012, no pet.) (mem. op., not designated for publication); Lawson v. State, No. 02-06-00204- CR, 2007 WL 495165, at *1 (Tex. App.—Fort Worth Feb. 15, 2007, no pet.) (mem. op., not designated for publication). 3 See Tex. R. App. P. 42.2(a), 43.2(f).