Opinion
NO. 01-10-00979-CR
03-08-2012
RACQUEL LOUREE CALDWELL, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Criminal Court at Law No. 3
Harris County, Texas
Trial Court Cause No. 1669795
MEMORANDUM OPINION
Appellant, Racquel Louree Caldwell, was convicted by a jury of the Class B misdemeanor offense of interfering with the duties of a public servant. See TEX. PENAL CODE ANN. § 38.15 (West 2011). The trial court assessed a sentence of 180 days in the county jail and a $400 fine and suspended the imposition of the sentence for one year. Appellant's retained trial counsel was permitted to withdraw from the case, and appellant timely filed her pro se notice of appeal.
Because there is no indication in the record whether appellant is now indigent, whether appellant has retained appellate counsel, or whether appellant wishes to proceed pro se on appeal, this Court abated the appeal and ordered the case remanded to the trial court for a hearing to determine the status of appellant's representation on appeal.
The trial court set a hearing on our order of abatement for December 14, 2011. The reporter's record of those proceedings has been filed in this Court.
The record reflects that, although notice of the hearing was sent to appellant by certified mail at her last known address on December 1, 2011, she did not appear at the hearing. As a result, the trial court found that "she does not wish to pursue her appeal."
Appellant has not filed a written motion to dismiss the appeal. See TEX. R. APP. P. 42.2(a). However, based upon the trial court's finding that appellant does not want to continue her 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. See TEX. R. APP. P. 43.2(f). We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Jennings, Massengale, and Huddle. Do not publish. TEX. R. APP. P. 47.2(b).