Opinion
NUMBER 13-17-00081-CR
02-08-2018
JOHNNY RAY HAMMER, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 25th District Court of Lavaca County, Texas.
MEMORANDUM OPINION
Before Justices Rodriguez, Longoria, and Hinojosa
Memorandum Opinion by Justice Hinojosa
Appellant, Johnny Ray Hammer, was convicted of assault. On December 7, 2017, this Court abated the appeal because of counsel's failure to file the brief and instructed the trial court to make findings as to whether the appellant had abandoned his appeal.
On December 18, 2017, the trial court held a hearing and made findings that appellant does not desire to prosecute his appeal. Accordingly, this case is hereby REINSTATED. Based upon the trial court's findings that appellant does not desire to prosecute 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.
LETICIA HINOJOSA
Justice Do not publish.
See TEX. R. APP. P. 47.2(b). Delivered and filed the 8th day of February, 2018.