Zachary Labarge v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 30, 2023
• Docket: 09-23-00092-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00092-CR __________________

ZACHARY LABARGE, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the 356th District Court Hardin County, Texas Trial Cause No. 25468 __________________________________________________________________

MEMORANDUM OPINION

Zachary Labarge filed a pro se notice of appeal from the trial court’s judgment

and community supervision order in Trial Cause Number 25468. The District Clerk

notified this Court that Labarge did not pay for the clerk’s record. This Court abated

Zachary Labarge’s appeal and remanded the case to the trial court for a hearing to

determine whether the appellant is indigent and entitled to appointment of counsel

and whether the appellate record should be furnished without cost. Labarge

personally attended the hearing, after which the trial court ruled that Labarge is not

1 indigent and signed an order denying Labarge’s request for appointment of counsel

and a free record. Upon receiving the record of the indigency hearing, we notified

Labarge that a written motion challenging the trial court’s order was due May 25,

2023. Labarge did not challenge the trial court’s order. On July 24, 2023, we

received a supplemental clerk’s record that includes Labarge’s personally signed

statement, “I Zachary Labarge no longer want to proceed with the appeal process

and move forward with my original probation sentence.”

Appellant’s written and personally signed statement that he no longer wants

to proceed with his appeal constitutes good cause to suspend the operation of Rule

42.2(a) in accordance with Rule 2. See Tex. R. App. P. 2, 42.2(a). The appellant has

voluntarily abandoned the appeal. Accordingly, we dismiss the appeal. See Tex. R.

App. P. 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on August 29, 2023 Opinion Delivered August 30, 2023 Do Not Publish

Before Golemon, C.J., Johnson and Wright, JJ.