Opinion
NO. 09-16-00408-CR
04-26-2017
JOSHUA THOMAS MARRA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 9th District Court Montgomery County, Texas
Trial Cause No. 15-07-07300-CR
MEMORANDUM OPINION
On February 14, 2017, we abated the appeal to the trial court. On April 6, 2017, the trial court conducted a hearing to determine why the appellant's brief had not been filed. See Tex. R. App. P. 38.8(b). The appellant personally appeared at the hearing and expressed his desire to waive his right to appeal. We received the supplemental reporter's record on April 11, 2017. The appeal is hereby reinstated.
The Court finds the appellant has voluntarily abandoned the appeal. Our opinion has not issued in this appeal, and the appellant stated in open court that he wishes to waive his right to appeal. Furthermore, counsel for the appellant stated that he could not find a basis for a successful appeal. On April 12, 2017, Marra informed this Court in writing, personally signed by the appellant and joined by appellate counsel, that Marra no longer wishes to proceed with the appeal. Accordingly, the appeal is dismissed. See Tex. R. App. P. 42.2.
APPEAL DISMISSED.
/s/_________
STEVE McKEITHEN
Chief Justice Submitted on April 25, 2017
Opinion Delivered April 26, 2017
Do Not Publish Before McKeithen, C.J., Kreger and Johnson, JJ.