Appellant Albert Porras was released on bond pending his appeal from a judgment of conviction for forgery. The State moves to dismiss the appeal on the ground that appellant has escaped. See Tex. R. App. P. 42.4. An affidavit in support of the motion states that appellant failed to appear at a hearing on his motion for new trial, that the district court ordered appellant's bond forfeited and issued a capias for his arrest, and that appellant has not returned. Under the circumstances, dismissal is appropriate. See Porras v. State, 966 S.W.2d 764, 765 (Tex. App.--Amarillo 1998, no pet.).

The State's motion to dismiss is granted. The appeal is dismissed.

Before Justices Jones, Yeakel and Patterson

Dismissed on State's Motion

Filed: March 23, 2000

Do Not Publish