Rodney Brown v. The State of Texas--Appeal from 76th District Court of Morris County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-06-00170-CR

______________________________

RODNEY BROWN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 76th Judicial District Court

Morris County, Texas

Trial Court No. 9056

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

The State of Texas has filed a motion seeking to dismiss this appeal filed by Rodney Brown, stating that Brown has escaped from custody. According to the motion, Brown was sentenced July 14, 2006, to sixty years' confinement and a $10,000.00 fine. Brown filed his notice of appeal August 2, 2006. He escaped from the Morris County jail August 13, 2006. More than ten days have passed since his escape, and Brown has not been found, nor has he voluntarily returned to lawful custody within the state. See Tex. R. App. P. 42.4. The State's motion is supported by an attached affidavit signed by the sheriff of Morris County in accordance with Rule 42.4.

Pursuant to Tex. R. App. P. 42.4, we grant the motion and dismiss the appeal.

Jack Carter

Justice

Date Submitted: August 31, 2006

Date Decided: September 1, 2006

Do Not Publish