Opinion
NUMBER 13-15-00051-CR
01-07-2016
MICHAEL HAVEY, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 319th District Court of Nueces County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Benavides
Memorandum OpinionPer Curiam
Appellant, Michael Havey, was convicted of hindering apprehension or prosecution. On January 26, 2015, appellant filed a notice of appeal by and through his attorney. Counsel for appellant subsequently filed a motion to withdraw as counsel and the trial court appointed new counsel, Coretta Graham.
On November 4, 2015, this Court abated the appeal because of counsel's failure to file a brief and ordered the trial court to determine whether appellant desired to prosecute this appeal. A supplemental clerk's record containing the trial court's findings of fact and conclusions of law was filed on December 15, 2015. The appeal is hereby REINSTATED.
The trial court found that appellant has completed his sentence and that counsel has been unable to reach appellant. Based upon appellant's actions, the trial court recommended the appeal be dismissed because appellant has abandoned the appeal.
Based upon the recommendations of the trial court that appellant has abandoned the 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. Any pending motions are DISMISSED AS MOOT.
PER CURIAM Do not publish.
See TEX. R. APP. P. 47.2(b). Delivered and filed the 7th day of January, 2016.