Kenneth Dwayne Clemons v. The State of Texas Appeal from 40th District Court of Ellis County (memorandum opinion)
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IN THE TENTH COURT OF APPEALS No. 10-17-00036-CR KENNETH DWAYNE CLEMONS, Appellant v. THE STATE OF TEXAS, Appellee From the 40th District Court Ellis County, Texas Trial Court No. 34487CR MEMORANDUM OPINION On March 19, 2018, Kenneth Dwayne Clemons’s counsel filed a motion to dismiss his appeal. See TEX.R.APP.P. 42.2(a). The motion to dismiss is not signed by Clemons as contemplated by Rule 42.2. However, the trial court held a hearing on March 26, 2018, and Clemons affirmatively stated on the record that he was aware that his trial counsel had filed a motion to dismiss the appeal on his behalf, that he consented to counsel filing the motion to dismiss, and that he approves of the motion to dismiss his appeal. Clemons’s clear indication of his desire to abandon the appeal provides a sufficient basis for this Court to dismiss the appeal. See Hendrix v. State, 86 S.W.3d 762 (Tex.App. — Waco 2002, no pet.). The motion is granted, and the appeal is dismissed. AL SCOGGINS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion granted; appeal dismissed Opinion delivered and filed April 25, 2018 Do not publish [CR25] Clemons v. State Page 2
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