Court of Civil Appeals of Texas, 2024

Shay Derrick Hughes v. the State of Texas

Shay Derrick Hughes v. the State of Texas
Court of Civil Appeals of Texas · Decided April 11, 2024

Shay Derrick Hughes v. the State of Texas

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-23-00336-CR ___________________________ SHAY DERRICK HUGHES, Appellant V. THE STATE OF TEXAS

On Appeal from the 43rd District Court Parker County, Texas Trial Court No. CR23-0122

Before Womack, Wallach, and Walker, JJ.

Memorandum Opinion by Justice Womack MEMORANDUM OPINION After the attorney for Appellant Shay Derrick Hughes filed a motion to withdraw, we granted the motion, abated this appeal, and remanded the case for a hearing in the trial court to determine, among other things, whether Hughes wanted to proceed with this appeal. At the hearing, Hughes stated that he no longer wished to pursue his appeal. After we received the abatement hearing record, we reinstated this appeal.

Hughes has not moved to dismiss his appeal under Rule 42.2(a) of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.2(a). However, he has stated on the record that he no longer wishes to pursue his appeal. Based on the record before us, we hold that good cause exists to suspend Rule 42.2(a) in this case, and we dismiss this appeal. See Tex. R. App. P. 2; Kamara v. State, No. 02-22-00238-CR, 2023 WL 6151725, at *1 (Tex. App.—Fort Worth Sept. 21, 2023, no pet.) (mem. op., not designated for publication) (suspending Rule 42.2(a) and dismissing appeal after appellant stated on the record that he no longer wished to pursue his appeal); Detwiler v. State, No. 02-18-00457-CR, 2019 WL 984179, at *1 (Tex. App.—Fort Worth Feb. 28, 2019, no pet.) (mem. op., not designated for publication) (similar).

/s/ Dana Womack Dana Womack Justice Do Not Publish Tex. R. App. P. 47.2(b) Delivered: April 11, 2024

Case-law data current through December 31, 2025. Source: CourtListener bulk data.