Opinion
01-22-00771-CR 01-22-00772-CR
11-03-2022
Eduardo Marcos Lujan v. The State of Texas
26th District Court of Williamson County No. 01 -22-00771 -CR and 01 -22-00772-CR
ORDER
RICHARD HIGHTOWER, JUDGE
According to a motion to abate filed by appellant, he pleaded guilty to the offenses of possession of a controlled substance and unlawful possession of a firearm by a felon. Appellant pleaded guilty to these two offenses without an agreed recommendation from the State concerning punishment. The trial court sentenced appellant in both causes on September 7, 2022 to five years imprisonment in the Texas Department of Criminal Justice, with sentences to run concurrently. The trial court signed a certification of the defendant's right to appeal finding that these were not plea-bargain cases and appellant had the right to appeal punishment. Appellant filed notices of appeal on September 7, 2022.
On October 31, 2022, appellant filed unopposed motions to abate both appeals, stating that appellant no longer wished to pursue his appeals. Attached to these motions are statements signed by appellant stating that he would like to abate his appeals and he understands that "this means that the appeal will not continue, and the sentence will remain as it is."
Because appellant has indicated that he no longer wishes to continue these appeals, the Court will consider these motions to abate to be motions to dismiss these appeals unless appellant responds within 10 days of the date of this order explaining why the Court should not construe the motions to abate as motions to dismiss the appeals.
It is so ORDERED.