Korey Adeleye v. The State of Texas

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Opinion issued October 18, 2012 In The Court of Appeals For The First District of Texas NO. 01-10-00879-CR NO. 01-10-00880-CR KOREY ADELEYE, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 337th District Court Harris County, Texas Trial Court Case Nos. 1212111 & 1212112 MEMORANDUM OPINION On July 13, 2012, we abated these two appeals for the trial court to determine, inter alia, whether appellant Korey Adeleye desired to pursue these appeals. The trial court conducted a hearing at which appellant appeared and was represented by counsel. Appellant indicated on the record that he did not wish to pursue his appeals in appellate cause numbers 01 10 00879 CR and 01 10 00880 CR, which are appeals from the trial court s denial of relief on appellant s applications for writ of habeas corpus filed pursuant to article 11.072 of the Code of Criminal Procedure.1 See TEX. CODE CRIM. PROC. ANN. art. 11.072 (Vernon 2011). At the hearing, the trial court made a finding that appellant does not desire to prosecute his appeals in appellate cause numbers 01 10 00879 CR and 01 10 00880 CR. Appellant also offered a motion to dismiss, signed by appellant and by counsel, which is attached to the hearing record as Exhibit A. See TEX. R. APP. P. 42.2(a) (providing that appellant and counsel must sign motion to dismiss appeal and file it with appellate clerk). We order that appellate cause numbers 01 10 00879 CR and 01 10 00880 CR are reinstated on this Court s docket. 1 Appellant also indicated that he intends to pursue his direct appeals of the judgments of conviction in appellate cause numbers 01 10 00881 CR and 01 10 00882 CR. 2 We have not yet issued an opinion in either appeal. We dismiss the appeals in appellate cause numbers 01 10 00879 CR and 01 10 00880 CR. The Clerk of this Court is directed to issue the mandate in each appeal within 10 days of the date of this opinion. See TEX. R. APP. P. 18.1. PER CURIAM Panel consists of Justices Jennings, Higley, and Sharp. Do not publish. TEX. R. APP. P. 47.2(b). 3

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