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ELUID MARTINEZ, Appellant,

THE STATE OF TEXAS, Appellee.

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Appellant, ELUID MARTINEZ, perfected an appeal from a judgment entered by the 398th District Court of Hidalgo County, Texas, in cause number CR-3542-01-I. On August 17, 2006, this cause was abated, and the trial court was directed to conduct a hearing to determine the status of the appeal. The trial court's findings and recommendations were received on October 3, 2006. The trial court found that, based on appellant's failure to appear at the status hearing, appellant has inferred that he does not wish to prosecute his appeal.

The Court, having considered the documents on file and the trial court's findings and recommendations, is of the opinion that the appeal should be dismissed. The appeal is hereby DISMISSED.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and filed

this the 2nd day of November, 2006.