NO. 12-06-00221-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

KYTOSKI JAMON KING,   §          APPEAL FROM THE 159TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE   §          ANGELINA COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            On July 28, 2006, we remanded this appeal for the trial court to determine the reason Appellant had not filed a docketing statement.  See Tex. R. App. P. 32.2.  The trial court issued a bench warrant for Appellant and conducted a hearing on September 15, 2006.  The reporter’s record shows that Appellant personally appeared in open court and announced his voluntary decision to abandon this appeal.  The trial court entered an order certifying such abandonment.

            Based upon its review of the reporter’s record of the hearing on September 15, 2006, this Court adopts the trial court’s finding that Appellant has voluntarily abandoned this appeal.  Accordingly, the appeal is dismissed.

Opinion delivered September 29, 2006.

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

(DO NOT PUBLISH)