Alan Roybal Sepeda v. The State of Texas--Appeal from 242nd District Court of Hale County
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NO. 07-02-0337-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
MARCH 12, 2003
______________________________
ALAN ROYBAL SEPEDA, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 242ND DISTRICT COURT OF HALE COUNTY;
NO. B13712-0004; HONORABLE ED SELF, JUDGE
_______________________________
Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.
DISMISSAL
Following abatement of this appeal and remand of the cause to the trial court to
determine whether appellant desired to prosecute his appeal and why he was being
deprived of a reporter’s record, the trial court conducted a hearing and found that appellant
no longer wished to continue the appeal. A motion to dismiss directed to this Court but
mistakenly filed in the trial court was filed by appellant with supporting affidavits indicating
his desire to withdraw his notice of appeal. Appellant’s intention being clear, we apply Rule
2 of the Texas Rules of Appellate Procedure to suspend the operation of Rule 42.2(a)
which requires a request to withdraw a notice of appeal to be filed in this Court. No
decision of this Court having been delivered, we dismiss the appeal and no motion for
rehearing will be entertained and our mandate will issue forthwith.
Accordingly, the appeal is dismissed.
Don H. Reavis
Justice
Do not publish.
2
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