Hinojosa v. State

Full title: COURTNEY HINOJOSA, Appellant, v. THE STATE OF TEXAS, Appellee.

Court: COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Feb 20, 2014

NUMBER 13-13-00420-CR (Tex. App. Feb. 20, 2014)

Opinion

NUMBER 13-13-00420-CR

02-20-2014

COURTNEY HINOJOSA, Appellant, v. THE STATE OF TEXAS, Appellee.

PER CURIAM

On appeal from the 24th District Court

of De Witt County, Texas.

MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Perkes

Memorandum Opinion Per Curiam

Appellant, Courtney Hinojosa, was convicted of tampering with or fabricating physical evidence. On December 12, 2013, this Court abated the appeal because of counsel's failure to file a brief and instructed the trial court to make findings as to whether the appellant desires to prosecute this appeal.

Based on the trial court hearing, the trial court judge found that appellant does not wish to prosecute her appeal and counsel's failure to file a brief is consistent with appellant's desire.

Although no written motion has been filed in compliance with Rule 42.2(a) of the Texas Rules of Appellate Procedure, based upon the evidence at the hearing that appellant does not want to continue her 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.

PER CURIAM Do not publish. See TEX. R. APP. P. 47.2(b).