Opinion
No. 10-03-160-CR
Opinion issued and filed December 17, 2003. DO NOT PUBLISH.
Appeal from the County Court at Law No. 2 Johnson County, Texas, Trial Court # M200200166. Affirmed.
Before Chief Justice GRAY, Justice VANCE, and Judge STROTHER (Sitting by Assignment).
Ralph T. Strother, Judge of the 19th District Court of McLennan County, sitting by assignment of the Chief Justice of the Texas Supreme Court pursuant to section 74.003(h) of the Government Code. See TEX. GOV'T CODE ANN. § 74.003(h) (Vernon Supp. 2004).
MEMORANDUM OPINION
Meta Huzarevich pleaded nolo contendere to driving while intoxicated without the benefit of a plea recommendation. The court sentenced Huzarevich to 180 days' confinement in the county jail and a $600 fine, suspended imposition of sentence, and placed her on community supervision for 2 years. Huzarevich's retained counsel L. Patrick Davis filed a notice of appeal on her behalf. Davis filed a motion to abate the appeal for a hearing to determine whether Huzarevich desired to prosecute the appeal because he had had no contact with her in several months and did not know her current whereabouts. Accordingly, we abated the cause to the trial court for a hearing to determine whether Huzarevich desired to proceed with the appeal. See Wilson v. State, 39 S.W.3d 390, 390 (Tex. App.-Waco 2001, no pet.). Huzarevich appeared at the abatement hearing with her attorney and informed the trial court that she desires to abandon her appeal. She asked that her community supervision be transferred to California where she resides. The court admonished her to insure that this was a free and voluntary decision on her part. Huzarevich has not filed a written withdrawal of her appeal as contemplated by Rule of Appellate Procedure 42.2. See TEX. R. APP. P. 42.2. Nevertheless, she stated on the record her desire to abandon the appeal. This is a sufficient basis on which to dismiss the appeal. See Hendrix v. State, 86 S.W.3d 762, 763-64 (Tex. App.-Waco 2002, no pet.); Conners v. State, 966 S.W.2d 108, 110 (Tex. App.-Houston [1st Dist.] 1998, pet. ref'd). Accordingly, the appeal is dismissed.