Court of Civil Appeals of Texas, 2007

Thomas Lee Holcomb, Jr. A/K/A Thomas Lee Holcombe A/K/A Thomas Lee Holcombe II v. State

Thomas Lee Holcomb, Jr. A/K/A Thomas Lee Holcombe A/K/A Thomas Lee Holcombe II v. State
Court of Civil Appeals of Texas · Decided June 14, 2007

Thomas Lee Holcomb, Jr. A/K/A Thomas Lee Holcombe A/K/A Thomas Lee Holcombe II v. State

Opinion

 

 

 

 

 

 

                                      COURT OF APPEALS

                                       SECOND DISTRICT OF TEXAS

                                                   FORT WORTH

 

                                       NOS.  2-05-454-CR

        2-05-455-CR

 

THOMAS LEE HOLCOMB, JR.                                                APPELLANT

A/K/A THOMAS LEE HOLCOMBE

A/K/A THOMAS LEE HOLCOMBE II

 

                                                   V.

 

THE STATE OF TEXAS                                                                STATE

 

                                              ------------

 

            FROM THE 211TH DISTRICT COURT OF DENTON COUNTY

 

                                              ------------

 

                                MEMORANDUM OPINION[1]

 

                                              ------------


On December 12, 2005, Appellant Thomas Lee Holcomb Jr., a/k/a Thomas Lee Holcombe a/k/a Thomas Lee Holcombe II filed his notices of appeal from his sentences for aggravated assault and driving while intoxicated.  Appellant complained, among other things, that he was deprived of his right to counsel during the time for filing a motion for new trial.  On February 23, 2007, we issued an order abating the appeal so that Appellant, who was by then represented by court-appointed counsel, could file an out-of-time motion for new trial.

On April 5, 18, and 26, 2007, we received supplemental clerk=s and reporter=s records showing that the trial court had granted Appellant=s out-of-time motions for new trial, that Appellant had then pleaded guilty to the charged offenses pursuant to plea bargain agreements, that the trial court entered new judgments consistent with the plea bargains, and that Appellant had waived his right to appeal from the new judgments.

On April 27, 2007, we issued a letter stating that, in light of the foregoing developments, we would dismiss the appeals unless any party desiring to continue the appeals filed on or before May 7, 2007, a response showing grounds for continuing the appeals.  See Tex. R. App. P. 44.3.  We have received no response.

Therefore, we dismiss these appeals.  See Tex. R. App. P. 25.2(d), 43.2(f).

PER CURIAM

 

PANEL F:    GARDNER, J.; CAYCE, C.J.; and HOLMAN, J.

 

DO NOT PUBLISH

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

 

DELIVERED:  June 14, 2007



[1]See Tex. R. App. P. 47.4.

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