Dale Gene McGuyer v. State ( 2020 )

NUMBER 13-20-00083-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
DALE GENE MCGUYER, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 220th District Court
of Bosque County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Benavides, Perkes, and Tijerina
Memorandum Opinion by Justice Perkes
On January 24, 2020, appellant filed a notice of appeal by and through his attorney.
This appeal was transferred to this Court from the Tenth Court of Appeals by order of the
Texas Supreme Court. See TEX. GOV'T CODE ANN. § 22.220(a). Counsel for appellant
subsequently filed a motion to withdraw as counsel and the trial court granted the motion.
On March 2, 2020, this Court abated the appeal and ordered the trial court to determine
whether appellant desired to prosecute this appeal and whether appellant was entitled to
a court-appointed attorney.
This Court received and reviewed the trial court's supplemental clerk’s and
reporter’s records which reflect the appellant does not wish to proceed with the appeal
after being advised he may be entitled to court-appointed counsel.
Accordingly, this case is hereby REINSTATED. Although no written motion has
been filed in compliance with Rule 42.2(a) of the Texas Rules of Appellate Procedure,
based upon the evidence at the hearing clearly indicating appellant does not want to
continue his appeal, we conclude that good cause exists to suspend the operation of Rule
42.2(a) in this case. See TEX. R. APP. P. 2. Accordingly, we DISMISS the appeal.
GREGORY T. PERKES
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
30th day of April, 2020.
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