Court of Civil Appeals of Texas, 2017

Jacobo Rafael Reyes v. State

Jacobo Rafael Reyes v. State
Court of Civil Appeals of Texas · Decided July 19, 2017

Jacobo Rafael Reyes v. State

Opinion

Order entered July 19, 2017

In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00693-CR JACOBO RAFAEL REYES, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 397th Judicial District Court Grayson County, Texas Trial Court Cause No. 065987 ORDER The Court REINSTATES the appeal.

On June 14, 2017, we ordered the trial court to make findings regarding why appellant’s brief had not been filed. We ADOPT the trial court’s findings that: (1) the trial court previously found appellant was not indigent; (2) the trial court coordinator contacted appellant and tried to schedule a hearing pursuant to this Court’s order but appellant informed the coordinator that he did not wish to pursue the appeal; (3) when the coordinator informed appellant he might be entitled to appointed counsel, appellant reiterated he did not want to pursue the appeal; (4) the coordinator asked appellant to provide a written letter stating he wished to withdraw his appeal but he did not do so; and (5) the trial court held a hearing but appellant did not appear. We note that appellant has not communicated with this Court regarding the appeal. Based on the trial court’s findings and appellant’s failure to communicate with this Court regarding the appeal, we conclude appellant has abandoned his appeal.

We ORDER the appeal submitted without the reporter’s record and briefs as of the date of this order to a panel consisting of Chief Justice Wright and Justices Myers and Brown. See TEX. R. APP. P. 37.3(c), 38.8(b). An opinion will issue in due course.

/s/ ADA BROWN JUSTICE

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