Raul Herrera v. The State of Texas--Appeal from 242nd District Court of Castro County
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NO. 07-03-0392-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
DECEMBER 8, 2003
______________________________
RAUL HERRERA,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 242ND DISTRICT COURT OF CASTRO COUNTY;
NO. B2830-0207; HON. ED SELF, PRESIDING
_______________________________
Order of Dismissal
_______________________________
Before JOHNSON, C.J., and QUINN and REAVIS, JJ.
Pending before the court is the appeal of Raul Herrera (appellant). We abated the
matter to the trial court on November 12, 2003, because appellant’s brief was past due,
and neither the brief nor an extension of time to file the brief had been filed. At the hearing
convened by the trial court per our directive, appellant informed the trial court that he no
longer cared to prosecute his appeal. This representation was included in a motion to
dismiss signed by both appellant and his attorney and filed with the trial court (though the
motion was directed to the court of appeals). The motion was included in a supplemental
clerk’s record filed with this court. The trial court also memorialized appellant’s decision
to forego appeal in its findings of fact and conclusions of law which were included in the
supplemental clerk’s record and received on December 5, 2003.
Because appellant has clearly revealed his desire to forego appeal, we grant his
motion and dismiss the appeal. Having dismissed the appeal on appellant’s request, no
motion for rehearing will be entertained, and our mandate will issue forthwith.
Brian Quinn
Justice
Do not publish.
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