Victor Amaya Rios v. State

• Court: Court of Appeals of Texas
• Decided: September 29, 2011
• Docket: 13-11-00082-CR
• Status: Published

Opinion

NUMBER 13-11-00082-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

VICTOR AMAYA RIOS, Appellant,

v.

THE STATE OF TEXAS, Appellee. ____________________________________________________________

On appeal from the 36th District Court of San Patricio County, Texas. ____________________________________________________________

MEMORANDUM OPINION

Before Justices Rodriguez, Vela, and Perkes Memorandum Opinion Per Curiam

Appellant, Victor Amaya Rios, was convicted of bail jumping. Appellant filed a pro

se notice of appeal and on August 18, 2011, appointed counsel filed a motion to dismiss

the appeal. Counsel advised this Court that the appellant did not wish to proceed with

his appeal, but was unwilling to sign the motion to dismiss. On August 25, 2011, this Court denied the motion to dismiss because it did not contain the appellant’s signature

and abated the appeal with instructions to the trial court to make findings as to whether

the appellant had abandoned his appeal. See TEX. R. APP. P. 42.2 (a).

Based on the trial court hearing, the trial court judge found that appellant does not

desire to prosecute the appeal. Although no written motion has been filed in compliance

with Rule 42.2(a) of the Texas Rules of Appellate Procedure, based upon the evidence at

the hearing that appellant does not want to continue 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, we dismiss the appeal.

PER CURIAM

Do not publish.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

Delivered and filed the 29th day of September, 2011.