Opinion
No. 10-19-00259-CR
12-18-2019
WILLIAM CLIFTON DEVENING, Appellant v. THE STATE OF TEXAS, Appellee
From the County Court at Law Walker County, Texas
Trial Court No. 18-0394
MEMORANDUM OPINION
William Clifton Devening was charged with and convicted of criminal trespass and sentenced to 30 days in jail. See TEX. PENAL CODE ANN. § 28.03. He was also charged with unlawfully carrying a weapon, but that case was dismissed. Devening appealed his conviction.
This appeal was abated because Devening's counsel never filed an appellate brief. The trial court notified Devening, his appellate counsel, and his trial counsel for the unlawfully carrying a weapon charge that a hearing was scheduled regarding this Court's abatement order. No one appeared at the hearing. However, Devening's trial counsel contacted the trial court and informed the court that both counsel and Devening were too busy to appear at the hearing and that, after a discussion with counsel, Devening no longer wished to pursue his appeal in this case.
The trial court issued findings of fact and conclusions of law after the scheduled hearing. Based on those findings and conclusions, the trial court recommended that this appeal be dismissed. After reviewing the trial court's findings and conclusions, we agree with the trial court that this appeal should be dismissed.
Accordingly, this appeal is reinstated and dismissed, under our inherent authority, for want of prosecution. See Stavinoha v. State, 82 S.W.3d 690, 691 (Tex. App.—Waco 2002, no pet.) (where counsel unable to locate defendant to sign motion to dismiss but was informed that defendant wished to dismiss, appeal dismissed).
TOM GRAY
Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Neill
Appeal dismissed
Opinion delivered and filed December 18, 2019
Do not publish
[CR25]