Opinion
No. 04-15-00600-CR
01-27-2016
Delbert Anthony HARDIN, Appellant v. The STATE of Texas, Appellee
From the County Court at Law No. 6, Bexar County, Texas
Trial Court No. 482758
Honorable Wayne A. Christian, Judge Presiding
ORDER
On December 22, 2015, we abated this appeal to the trial court to hold a hearing to determine whether appellant, Delbert Anthony Hardin, desired to prosecute his appeal, whether appellant was indigent, and whether counsel had abandoned this appeal. See TEX. R. APP. P. 38.8(b)(2). On January 27, 2016, a supplemental clerk's record containing the trial court's findings of facts and conclusions of law was filed. The trial court found that Hardin no longer desires to prosecute his appeal. We now ORDER this appeal reinstated on the docket of the court.
If Hardin wishes this Court to dismiss this appeal, his court-appointed counsel, Michael Zamora, must file a motion to dismiss as required by the Texas Rules of Appellate Procedure. Specifically, Rule 42.2(a) delineates the manner in which an appeal in a criminal case may be "withdrawn" or voluntarily dismissed prior to the issuance of an opinion:
At any time before the appellate court's decision, the appellate court may dismiss the appeal upon the appellant's motion. The appellant and his or her attorney must sign the written motion to dismiss and file it in duplicate with the appellate clerk, who must immediately send the duplicate copy to the trial court clerk.TEX. R. APP. P. 42.2(a).
If a motion to dismiss is not filed on or before February 29, 2016,then we will decide this appeal based on the record alone and without briefs. See TEX. R. APP. P. 38.8(b)(4).
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 27th day of January, 2016.
/s/_________
Keith E. Hottle
Clerk of Court