Adeola Olayinka Akintonde v. State ( 2004 )

Opinion issued December 16, 2004

In The

Court of Appeals

For The  

First District of Texas

____________

NO. 01-04-01144-CR

____________

ADEOLA OLAYINKA AKINTONDE, Appellant

V.

THE STATE OF TEXAS, Appellee

---

  On Appeal from County Criminal Court at Law No. 8

Harris County, Texas

Trial Court Cause No. 1250085

---

MEMORANDUM OPINION

               Appellant, Adeola Olayinka Akintonde, was convicted by a jury of misdemeanor theft on October 28, 2004. He was sentenced to 100 days’ jail confinement, which was suspended with placement on community supervision for one year, and a $100 fine. Appellant filed a notice of appeal on that same date. On November 1, 2004, appellant appeared before the trial court for a hearing. The reporter’s record of the hearing reads, in its entirety, as follows:

THE COURT: We’re back on the record in cause No. 1250085, State of Texas versus Adeola Olayinka Akintonde. This was the trial case from last week. And Mr. Akintonde is before the Court at this time. His trial counsel withdrew from representation and the State is represented by Ms. Keri Fuller and the defendant is present.

Mr. Akintonde, you had given notice of appeal last week after your trial?

THE DEFENDANT: Yes, sir.

THE COURT: A written notice of appeal. And this morning, I had offered to you to fill out a financial affidavit, so that I could hold an indigency hearing for purposes of appointing you counsel and providing you a record of your trial for the appeal. You indicated to me this morning you do not wish to appeal; you wish to drop the appeal. Is that correct?

THE DEFENDANT: Yes, sir.

THE COURT: You’re waiving your appeal and withdraw your notice of appeal at this time; is that correct?

THE DEFENDANT: Yes, sir.

THE COURT: For purposes of the record, you read and write the English language and you understand what I’m saying; you’re a citizen of the United States, as a matter of fact?

THE DEFENDANT: Yes, sir.

THE COURT: Is there anything else you wish to tell the Court other than that?

THE DEFENDANT: I don’t know.

THE COURT: You do not want to appeal, you just want to go forward with the sentence, which is probation and completing the jail therapy?

THE DEFENDANT: Yes, sir.

THE COURT: The appeal is withdrawn at this time. There may be some forms for you to fill out for purposes of doing it. Good luck to you, sir.

               Appellant has not filed a written motion to withdraw the appeal. See Tex. R. App. P. 42.2(a). However, given appellant’s expressed desire to forego pursuit of his appeal, we conclude that good cause exists to suspend the operation of Rule 42.2(a) in this case in accordance with Rule 2. See Tex. R. App. P. 2. We have not yet issued a decision. Accordingly, the appeal is dismissed.

               The Clerk of this Court is directed to issue the mandate. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Keyes and Alcala.

Do not publish. Tex. R. App. P. 47.2(b).