TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
v.
The State of Texas, Appellee
NO. B-96-0808-S, HONORABLE DICK ALCALA, JUDGE PRESIDING
Appellant Albert Porras was released on bond pending his appeal from a judgment of conviction for forgery. The State moves to dismiss the appeal on the ground that appellant has escaped. See Tex. R. App. P. 42.4. An affidavit in support of the motion states that appellant failed to appear at a hearing on his motion for new trial, that the district court ordered appellant's bond forfeited and issued a capias for his arrest, and that appellant has not returned. Under the circumstances, dismissal is appropriate. See Porras v. State, 966 S.W.2d 764, 765 (Tex. App.--Amarillo 1998, no pet.).
The State's motion to dismiss is granted. The appeal is dismissed.
Before Justices Jones, Yeakel and Patterson
Dismissed on State's Motion
Filed: March 23, 2000
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