James C. Watley, Jr. v. The State of Texas--Appeal from 7th District Court of Smith County

NO. 12-04-00266-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JAMES C. WATLEY, JR. APPEAL FROM THE 7TH

APPELLANT

V. JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

Appellant failed, after notice, to file a docketing statement in this appeal. On October 6, 2004, we remanded the matter and ordered the trial court to immediately conduct a hearing to determine the cause of Appellant s failure to file the docketing statement and whether Appellant has abandoned the appeal. We also ordered that the trial court make appropriate findings and recommendations and prepare a record of the proceedings.

In compliance with our order, the trial court conducted a hearing on October 20, 2004 and filed a record of the proceedings. The record reflects that at the hearing, Appellant s counsel presented a motion to dismiss the appeal, which was signed by Appellant. Appellant acknowledged to the trial court that he no longer wishes to pursue the appeal. The record of the hearing includes a finding by the trial court that Appellant, who was represented by counsel, made a knowing and intelligent waiver of his right to appeal as represented by the motion to dismiss. We have also been furnished a copy of Appellant s motion to dismiss. Accordingly, the appeal is dismissed.

Opinion delivered October 29, 2004.

Panel consisted of Worthen, C.J., and Griffith, J.

DeVasto, J., not participating.

(DO NOT PUBLISH)