Court of Civil Appeals of Texas, 2012

Donald Edward Hobbs A/K/A Don Edward Hobbs v. State

Donald Edward Hobbs A/K/A Don Edward Hobbs v. State
Court of Civil Appeals of Texas · Decided April 26, 2012

Donald Edward Hobbs A/K/A Don Edward Hobbs v. State

Opinion

02-11-484-CR


COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

 

 

 

NO. 02-11-00484-CR

 

 

Donald Edward Hobbs a/k/a Don Edward Hobbs

 

APPELLANT

 

V.

 

The State of Texas

 

STATE

 

 

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FROM THE 355th District Court OF Hood COUNTY

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MEMORANDUM OPINION[1] AND JUDGMENT

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We abated this case to the trial court on February 9, 2012—and again on March 14, 2012, after Appellant Donald Edward Hobbs a/k/a Don Edward Hobbs failed to appear at the first abatement hearing—for the trial court to consider Hobbs’s appointed counsel’s motion to withdraw as appellate counsel and to determine whether Hobbs desires to prosecute his appeal.  At the second abatement hearing held on March 30, 2012, Hobbs appeared, and the trial court granted Hobbs’s appointed counsel’s motion to withdraw.  Hobbs then stated on the record that he does not want to pursue his appeal.  This procedure substantially complies with rule 42.2(a) of the rules of appellate procedure.  See Tex. R. App. P. 42.2(a).

No decision of this court having been delivered before we received this motion, we grant the motion and dismiss this appeal.[2]  See Tex. R. App. P. 42.2(a), 43.2(f).

 

 

 

PER CURIAM

 

PANEL:  WALKER, MCCOY, and MEIER, JJ.

 

DO NOT PUBLISH

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

 

DELIVERED:  April 26, 2012



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

[2]Because Hobbs has voluntarily dismissed this appeal, we need not address counsel’s motion to extend time to file an appellant’s brief.

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