Roddric Lemond Howard v. State

Opinion issued November 23, 2005




                                                        






In The

Court of Appeals

For The

First District of Texas

____________


NOS. 01-05-00926-CR

          01-05-00927-CR

____________


RODDRIC LEMOND HOWARD, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 180th District Court

Harris County, Texas

Trial Court Cause Nos. 1005154 and1005155




 

MEMORANDUM OPINION

               On November 8, 2005, the clerk’s records were filed in this court for each of the above styled cases. In each case there is a motion to withdraw notice of appeal signed by appellant Roddric Howard and by Angela Cameron, his appointed counsel for the appeal. The motion states that the appellant does not wish to continue to prosecute the appeal in these cases and requests the appellate court to dismiss the appeal. In the record of each case there is an order signed by the trial court judge that provides:

On this the 27th day of September , 2005, came to be heard Appellant’s motion to withdraw notice of appeal. Having heard testimony from Appellant hereby grants appellant motion and makes the following findings:

 

1.Appellant was convicted in cause number 1005154 and 1005155.

 

2.Appellant’s trial counsel filed a notice of appeal on appellant’s behalf.

 

3.Angela Cameron was appointed to represent appellant on appeal.

 

4.Appellant stated under oath an don the record his desire to not proceed with an appeal in either case number.

 

5.Appellant knowingly and voluntarily waives his right to appeal by informing the court of his desire to withdraw notice of appeal. Appellant’s decision was made after consulting with appellate counsel.

 

6.Appellant is aware of the consequences of withdrawing his appeal and still desires to withdraw the notice of appeal.

 

7.Appellant has been informed of the deadline in which a notice of appeal must be filed.

 

Signed and entered September 30, 2005. Judge Presiding.

 

               The trial court conducted the hearing on September 27, 2005, and the record of that hearing is contained in the clerk’s records filed in this Court. The trial court’s docket sheet reflects that at the hearing appellant stated that he wished to withdraw this appeal.

                On November 8, 2005, appellant filed a motion to dismiss the above-referenced appeal. The motion complies with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.2(a). 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 Alcala and Bland.

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