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McGuyer v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Apr 30, 2020
NUMBER 13-20-00083-CR (Tex. App. Apr. 30, 2020)

Opinion

NUMBER 13-20-00083-CR

04-30-2020

DALE GENE MCGUYER, Appellant, v. THE STATE OF TEXAS, Appellee.


On appeal from the 220th District Court of Bosque County, Texas.

MEMORANDUM OPINION

Before Justices Benavides, Perkes, and Tijerina
Memorandum Opinion by Justice Perkes

On January 24, 2020, appellant filed a notice of appeal by and through his attorney. This appeal was transferred to this Court from the Tenth Court of Appeals by order of the Texas Supreme Court. See TEX. GOV'T CODE ANN. § 22.220(a). Counsel for appellant subsequently filed a motion to withdraw as counsel and the trial court granted the motion. On March 2, 2020, this Court abated the appeal and ordered the trial court to determine whether appellant desired to prosecute this appeal and whether appellant was entitled to a court-appointed attorney.

This Court received and reviewed the trial court's supplemental clerk's and reporter's records which reflect the appellant does not wish to proceed with the appeal after being advised he may be entitled to court-appointed counsel.

Accordingly, this case is hereby REINSTATED. 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 clearly indicating appellant does not want to continue his 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.

GREGORY T. PERKES

Justice Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 30th day of April, 2020.


Summaries of

McGuyer v. State

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Apr 30, 2020
NUMBER 13-20-00083-CR (Tex. App. Apr. 30, 2020)
Case details for

McGuyer v. State

Case Details

Full title:DALE GENE MCGUYER, Appellant, v. THE STATE OF TEXAS, Appellee.

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

Date published: Apr 30, 2020

Citations

NUMBER 13-20-00083-CR (Tex. App. Apr. 30, 2020)