Opinion
No. 07-20-00030-CR No. 07-20-00032-CR
09-18-2020
JODY RANDOLPH WADE, APPELLANT v. THE STATE OF TEXAS, APPELLEE
On Appeal from County Court at Law Number 2 Wichita County, Texas
Trial Court Nos. 07-11121-74529-F & 07-11120-74530-F; Honorable Greg J. King, Presiding
Originally appealed to the Second Court of Appeals, these cases were transferred to this court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV'T CODE ANN. § 73.001 (West 2013).
MEMORANDUM OPINION
Before PIRTLE and PARKER and DOSS, JJ.
Appellant, Jody Randolph Wade, appeals from the trial court's judgment revoking his deferred adjudication community supervision and adjudicating him guilty of the offense of unlawful carrying of a weapon and judgment revoking his community supervision for the offense of driving while intoxicated. Appellant was sentenced to forty days confinement for each offense.
TEX. PENAL CODE ANN. § 46.02(a-1)(2)(A), (b) (West Supp. 2019) (Class A misdemeanor).
TEX. PENAL CODE ANN. § 49.04(d) (West 2011) (Class A misdemeanor).
We remanded the causes to the trial court on August 14, 2020, after Appellant failed to file an appellate brief. On remand, the trial court was to determine, among other things, whether Appellant still desired to prosecute the appeals. The trial court held a hearing on August 31, 2020, and a supplemental record of that hearing has been filed herein. At the hearing, both Appellant and his counsel were present. Appellant notified the trial court that he no longer wished to pursue the appeals.
Because Appellant no longer desires to prosecute the appeals, we invoke Appellate Rule 2 to suspend operation of Appellate Rule 42.2(a), which requires that Appellant and his attorney sign a motion to dismiss the appeals. See TEX. R. APP. P. 2, 42.2(a). Accordingly, the appeals are dismissed. No motion for rehearing will be entertained and our mandates will issue forthwith.
Per Curiam Do not publish.