Spurlock v. State

Full title: LAURA ANN SPURLOCK, Appellant, v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Tenth District, Waco

Date published: Mar 15, 2006

No. 10-05-00238-CR (Tex. App. Mar. 15, 2006)

Opinion

No. 10-05-00238-CR

Opinion delivered and filed March 15, 2006. DO NOT PUBLISH.

Appeal fromthe 413th District Court, Johnson County, Texas, Trial Court No. F38067. Appeal dismissed.

Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA.

MEMORANDUM OPINION

TOM GRAY, Chief Justice.

This Court abated this case because Spurlock's brief was past due. At the appeal status hearing, and on the record with counsel present, Spurlock told the trial court she wanted to "drop" her appeal. Spurlock's counsel filed a "motion to dismiss" the appeal and attached the reporter's record of the appeal status hearing. However, Spurlock did not personally sign the motion. See Tex.R.App.P. 42.2(a) ("An appellant must personally sign the written withdrawal."). Nevertheless, Spurlock, under oath, testified that she no longer wished to pursue her appeal. This is a sufficient basis on which to dismiss the appeal. See Hendrix v. State, 86 S.W.3d 762, 763-64 (Tex.App.-Waco 2002, no pet.); see also Huzarevich v. State, No. 10-03-00160-CR, 2003 Tex. App. LEXIS 10657 (Tex.App.-Waco Dec. 17, 2003, no pet.) (not designated for publication); TEX. R. APP. P. 2. Spurlock's appeal is dismissed.