Shay Derrick Hughes v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 11, 2024
• Docket: 02-23-00336-CR
• Status: Published

Opinion

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

No. 02-23-00336-CR ___________________________

SHAY DERRICK HUGHES, Appellant

V.

THE STATE OF TEXAS

On Appeal from the 43rd District Court Parker County, Texas Trial Court No. CR23-0122

Before Womack, Wallach, and Walker, JJ. Memorandum Opinion by Justice Womack MEMORANDUM OPINION

After the attorney for Appellant Shay Derrick Hughes filed a motion to

withdraw, we granted the motion, abated this appeal, and remanded the case for a

hearing in the trial court to determine, among other things, whether Hughes wanted

to proceed with this appeal. At the hearing, Hughes stated that he no longer wished

to pursue his appeal. After we received the abatement hearing record, we reinstated

this appeal.

Hughes has not moved to dismiss his appeal under Rule 42.2(a) of the Texas

Rules of Appellate Procedure. See Tex. R. App. P. 42.2(a). However, he has stated on

the record that he no longer wishes to pursue his appeal. 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; Kamara v. State, No. 02-22-00238-CR, 2023 WL

6151725, at *1 (Tex. App.—Fort Worth Sept. 21, 2023, no pet.) (mem. op., not

designated for publication) (suspending Rule 42.2(a) and dismissing appeal after

appellant stated on the record that he no longer wished to pursue his appeal); 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) (similar).

2 /s/ Dana Womack

Dana Womack Justice

Do Not Publish Tex.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

Delivered: April 11, 2024