Whatley v. State

Full title: LYNN J. WHATLEY, Appellant, v. THE STATE OF TEXAS, State

Court: Court of Appeals of Texas, Second District, Fort Worth

Date published: May 5, 2005

Nos. 2-04-438-CR, 2-04-439-CR (Tex. App. May. 5, 2005)

Opinion

Nos. 2-04-438-CR, 2-04-439-CR

Delivered: May 5, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

Appeal from the 43rd District Court of Parker County.

Panel D: McCOY, J.; CAYCE, C.J.; and LIVINGSTON, J.

MEMORANDUM OPINION¹AND JUDGMENT

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

PER CURIAM.

On March 14, 2005, we abated this appeal and remanded the case to the trial court to determine whether appellant wanted to continue his appeal and, if so, to determine whether appellant is indigent and to appoint counsel if necessary. The reporter's record from the abatement hearing was filed in this court on April 07, 2005. At the abatement hearing, appellant told the trial court that he did not wish to proceed with his appeal. Accordingly, we dismiss this appeal. See Tex.R.App.P. 43.2(f).