Court of Civil Appeals of Texas, 2020

Jody Randolph Wade v. State

Jody Randolph Wade v. State
Court of Civil Appeals of Texas · Decided September 18, 2020

Jody Randolph Wade v. State

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo ________________________ No. 07-20-00030-CR No. 07-20-00032-CR ________________________ JODY RANDOLPH WADE, APPELLANT V. THE STATE OF TEXAS, APPELLEE

On Appeal from County Court at Law Number 2 Wichita County, Texas1 Trial Court Nos. 07-11121-74529-F & 07-11120-74530-F; Honorable Greg J. King, Presiding

September 18, 2020 MEMORANDUM OPINION Before PIRTLE and PARKER and DOSS, JJ.

Appellant, Jody Randolph Wade, appeals from the trial court’s judgment revoking his deferred adjudication community supervision and adjudicating him guilty of the offense of unlawful carrying of a weapon 2 and judgment revoking his community supervision for

1 Originally appealed to the Second Court of Appeals, these cases were transferred to this court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001 (West 2013). the offense of driving while intoxicated. 3 Appellant was sentenced to forty days confinement for each offense.

We remanded the causes to the trial court on August 14, 2020, after Appellant failed to file an appellate brief. On remand, the trial court was to determine, among other things, whether Appellant still desired to prosecute the appeals. The trial court held a hearing on August 31, 2020, and a supplemental record of that hearing has been filed herein. At the hearing, both Appellant and his counsel were present. Appellant notified the trial court that he no longer wished to pursue the appeals.

Because Appellant no longer desires to prosecute the appeals, we invoke Appellate Rule 2 to suspend operation of Appellate Rule 42.2(a), which requires that Appellant and his attorney sign a motion to dismiss the appeals. See TEX. R. APP. P. 2, 42.2(a). Accordingly, the appeals are dismissed. No motion for rehearing will be entertained and our mandates will issue forthwith.

Per Curiam

Do not publish.

2 TEX. PENAL CODE ANN. § 46.02(a-1)(2)(A), (b) (West Supp. 2019) (Class A misdemeanor). 3 TEX. PENAL CODE ANN. § 49.04(d) (West 2011) (Class A misdemeanor).

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