Makayla Archele Tryon v. State of Texas ( 2009 )


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  • Opinion filed July 30, 2009 In The Eleventh Court of Appeals ____________ No. 11-09-00068-CR __________ MAKAYLA ARCHELE TRYON, Appellant V. STATE OF TEXAS, Appellee On Appeal from the 238th District Court Midland County, Texas Trial Court Cause No. CR34713 MEMORANDUM OPINION Makayla Archele Tryon entered a plea of guilty to the offense of possession of cocaine. Pursuant to the plea bargain agreement, the trial court convicted her of the offense, assessed her punishment at confinement for ten years and a $1,000 fine, and suspended the imposition of the sentence placing her on community supervision for five years. We dismiss the appeal. At trial, appellant was represented by retained counsel. Under the advice of counsel, she entered into a plea bargain agreement waiving her right to appeal. She later hired subsequent counsel to represent her on a motion for new trial and on appeal. Appellate counsel filed in this court a motion to withdraw on the grounds that he had had no contact with appellant. Pursuant to our order dated June 18, 2009, the trial court conducted a hearing and entered the following findings: 1. appellant has abandoned her appeal; 2. appellant has failed to keep in touch with her retained counsel; 3. appellant is not indigent; and 4. appellant has waived her right to appeal. Appellant has failed to file either the clerk’s record or the reporter’s record on the merits. This failure appears to be due to appellant’s actions. Appellant has waived her right to appeal, and the trial court has found that she has abandoned her appeal. The motion to withdraw is granted, and the appeal is dismissed. PER CURIAM July 30, 2009 Do not publish. See TEX . R. APP . P. 47.2(b). Panel consists of: Wright, C.J., McCall, J., and Strange, J. 2

Document Info

Docket Number: 11-09-00068-CR

Filed Date: 7/30/2009

Precedential Status: Precedential

Modified Date: 9/10/2015