Danta Montrael Johnson v. The State of Texas--Appeal from 320th District Court of Potter County
Annotate this Case
Download PDF
NO. 07-08-0054-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
JULY 23, 2008
______________________________
DANTA JOHNSON, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 320TH DISTRICT COURT OF POTTER COUNTY;
NO. 54,914-D; HONORABLE DON R. EMERSON, JUDGE
_______________________________
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
ORDER OF DISMISSAL
Appellant, Danta Johnson, appeals his conviction for injury to a child causing bodily
injury and sentence of three years incarceration in the Institutional Division of the Texas
Department of Criminal Justice. We abated the appeal and remanded to the trial court, on
May 16, 2008, to conduct a hearing to determine, inter alia, whether appellant desires to
prosecute the appeal. At the hearing convened by the trial court per our directive,
appellant stated, “I would rather not appeal this case. I would rather go back to TDC and
finish my sentence.” This representation was then memorialized by the trial court in
findings of fact and conclusions of law filed with this Court on July 10, 2008.
Although we have received no formal motion to dismiss from appellant, 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.
Mackey K. Hancock
Justice
Do not publish.
2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
