John Folmer v. State
John Folmer v. State
Opinion
Before JOHNSON, C.J., and QUINN and REAVIS, JJ.
Pending before the court is the appeal of John Folmer (appellant). We abated the matter to the trial court on September 19, 2003, because the court reporter represented that appellant had failed to pay, or make arrangements to pay for, the record. At the hearing convened by the trial court per our directive, appellant informed it that he no longer cared to prosecute his appeal. This representation then was memorialized by the trial court in findings of fact and conclusions of law filed with us on November 24, 2003.
Although we have no formal motion to dismiss before us 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.
Brian Quinn
Justice
Do not publish.
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The trial court shall cause the hearing to be transcribed. If it is determined that appellant desires to prosecute the appeal and is entitled to appointed counsel, then the trial court is further directed to appoint counsel for appellant. So too shall it 1) execute findings of fact and conclusions of law addressing the foregoing issues and disclosing the name, address, state bar number, and phone and fax number of any attorney appointed to represent appellant on appeal, 2) cause to be developed a supplemental clerk's record containing its findings of fact and conclusions of law and all orders it may issue as a result of its hearing in this matter, and 3) cause to be developed a reporter's record transcribing the evidence and arguments presented at the aforementioned hearing, if any. Additionally, the district court shall then file the supplemental records and reporter's records transcribing the hearing with the clerk of this court on or before February 20, 2007. Should further time be needed by the trial court to perform these tasks, then same must be requested before February 20, 2007.
It is so ordered.
Per Curiam
Do not publish.
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