Jacob McCallister v. The State of Texas--Appeal from County Court of Hale County
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NO. 07-04-0242-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
SEPTEMBER 24, 2004
______________________________
JACOB MORGAN MCCALLISTER, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE COUNTY COURT OF HALE COUNTY;
NO. 2003C-569; HONORABLE BILL HOLLARS, JUDGE
_______________________________
Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.
MEMORANDUM OPINION
Jacob Morgan McCallister brought this appeal from his conviction for possession
of marijuana. Based on a finding by the trial court that appellant no longer wishes to
prosecute the appeal, we will dismiss.
The factual and procedural history of the case is set out in our August 19, 2004
order in this appeal and need not be repeated here. See McCallister v. State, No. 07-04-
0242-CR (Tex.App.–Amarillo August 19, 2004). That order abated the appeal for a hearing
in accordance with Rule of Appellate Procedure 38.8(b) to determine whether appellant
desires to prosecute the appeal and whether he is indigent and entitled to appointed
counsel. McCallister, at 3. In conformity with our August 19, 2004 order the trial court
gave notice of a hearing and conducted a hearing September 7, 2004. A supplemental
record from that hearing has been filed in this court. It shows the hearing notice was sent
by certified mail, delivered August 28, 2004. Appellant did not appear at the hearing.
Based on his failure to appear the trial court found appellant does not wish to proceed with
this appeal.
In accordance with the factual finding by the trial court, without addressing the
merits, we dismiss this appeal. Tex. R. App. P. 38.8(b)(4), 43.2(f).
Per Curiam
Do not publish.
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