NUMBER 13-14-00013-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
MARK RODRIGUEZ, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 28th District Court
of Nueces County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Garza and Longoria
Memorandum Opinion Per Curiam
Appellant, Mark Rodriguez, was convicted of theft. On December 23, 2013,
appellant filed a notice of appeal. On May 30, 2014, this Court abated the appeal
because of counsel’s failure to file a brief and ordered the trial court to determine whether
appellant desired to prosecute this appeal.
At the trial court hearing, counsel appeared and stated that appellant had been
released from jail and could not be located. The trial court made findings regarding the
efforts made by counsel to locate the appellant and recommended that appellant has
abandoned the appeal and the appeal should be dismissed. Accordingly, this case is
hereby REINSTATED.
Based upon the recommendation of the trial court that appellant has abandoned
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.
PER CURIAM
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
9th day of October, 2014.
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