John Folmer v. The State of Texas--Appeal from 106th District Court of Lynn County
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NO. 07-03-0320-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
NOVEMBER 24, 2003
______________________________
JOHN FOLMER,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 106TH DISTRICT COURT OF LYNN COUNTY;
NO. 02-2605; HON. CARTER T. SCHILDKNECHT, PRESIDING
_______________________________
Order of Dismissal
_______________________________
Before JOHNSON, C.J., and QUINN and REAVIS, JJ.
Pending before the court is the appeal of John Folmer (appellant). We abated the
matter to the trial court on September 19, 2003, because the court reporter represented
that appellant had failed to pay, or make arrangements to pay for, the record. At the
hearing convened by the trial court per our directive, appellant informed it that he no
longer cared to prosecute his appeal. This representation then was memorialized by the
trial court in findings of fact and conclusions of law filed with us on November 24, 2003.
Although we have no formal motion to dismiss before us as required by Texas Rule
of Appellate Procedure 42.2(a), Rule 2 of the same rules permits us to suspend the
operation of an existing rule. TEX . R. APP . P. 2; see Rodriguez v. State, 970 S.W.2d 133,
135 (Tex. App.--Amarillo 1998, pet. ref'd). Therefore, pursuant to Rule 2, and because
appellant has clearly revealed his desire to forego appeal, we suspend Rule 42.2(a) and
dismiss the appeal based upon appellant's representation to the trial court.
Having so dismissed the appeal, no motion for rehearing will be entertained, and
our mandate will issue forthwith.
Brian Quinn
Justice
Do not publish.
2
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