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Hardin v. State

Fourth Court of Appeals San Antonio, Texas
Apr 6, 2016
No. 04-15-00599-CR (Tex. App. Apr. 6, 2016)

Opinion

No. 04-15-00599-CR No. 04-15-00600-CR No. 04-15-00601-CR

04-06-2016

Delbert Anthony HARDIN, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION

From the County Court at Law No. 6, Bexar County, Texas
Trial Court No. 471386
Honorable Wayne A. Christian, Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice DISMISSED

On December 22, 2015, we abated these appeals to the trial court to determine why appellant's counsel had not filed a brief in each of these appeals. The trial court held hearings on the matter on January 11, 2016, and January 21, 2016. Thereafter, the trial court filed findings of fact and conclusions of law in this court. The trial court's findings of fact state that at the first hearing appellant's counsel represented to the trial court that appellant no longer desired to prosecute these appeals. The trial court's findings of fact also state that at the second hearing appellant confirmed that (1) he did not wish to prosecute these appeals, and (2) he wished for his counsel to withdraw these appeals. A reporter's record from the second hearing has been filed in this court. It shows that appellant told the trial court that he no longer desired to prosecute these appeals and he had directed his counsel to dismiss the appeals in all three cases.

To date, appellant's counsel has not filed a written motion to withdraw these appeals or a written motion to dismiss these appeals. See TEX. R. APP. P. 42.2(a). However, in light of appellant's statements to the trial court that he had directed his counsel to dismiss these appeals, we conclude that good cause exists to suspend operation of Rule 42.2(a) in this case. See TEX. R. APP. P. 2. These appeals are therefore dismissed.

PER CURIAM DO NOT PUBLISH


Summaries of

Hardin v. State

Fourth Court of Appeals San Antonio, Texas
Apr 6, 2016
No. 04-15-00599-CR (Tex. App. Apr. 6, 2016)
Case details for

Hardin v. State

Case Details

Full title:Delbert Anthony HARDIN, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Apr 6, 2016

Citations

No. 04-15-00599-CR (Tex. App. Apr. 6, 2016)