Albert Sims v. State

Sims v. State

DISMISSED

SEPTEMBER 20, 1990

NOS. 10-89-234-CR

                             10-89-235-CR

Trial Court

#'s 891796 CR2

    891798 CR2

IN THE

COURT OF APPEALS

FOR THE

TENTH DISTRICT OF TEXAS

AT WACO

* * * * * * * * * * * * *

ALBERT SIMS,

   Appellant

v.

THE STATE OF TEXAS,

   Appellee

* * * * * * * * * * * * *

From County Court at Law No. 2

McLennan County, Texas

* * * * * * * * * * * * *

O P I N I O N

* * * * * * *

Appellant entered pleas of not guilty before a jury to the offenses of criminal trespass and resisting arrest. He was sentenced to 180 days in the McLennan County jail and payment of court costs for criminal trespass. For resisting arrest, Appellant was sentenced to one year in the county jail, and payment of a $1,000 fine and court costs.

Appellant has filed a request in this court in each case, personally signed and verified by Appellant, and approved as to form and content by his attorney, to have his notices of appeal withdrawn. No decisions of this court having been delivered prior to the receipt of these requests for withdrawal of his notices of appeal, Appellant's requests are granted. The appeals are dismissed.

PER CURIAM

DO NOT PUBLISH

rm:uppercase'>Brian Lancaster,

  Appellant

 v.

 

The State of Texas,

                                                                                    Appellee

 

 

 

From the 272nd District Court

Brazos County, Texas

Trial Court Nos. 07-01488-CRF-272, 07-01490-CRF-272,

07-03055-CRF-272, 07-03056-CRF-272, 07-03057-CRF-272,

07-3058-CRF-272, and 07-01489-CRF-272

 

ABATEMENT ORDER

 

            Appellant’s brief is overdue, and after notice to appellant’s counsel to file a brief or extension request, none has been filed.  Therefore, we abate these causes to the trial court for a hearing to determine: (1) why a brief has not been filed on appellant’s behalf; (2) whether counsel has abandoned the appeal; (3) whether appellant still desires to proceed with the appeal; and (4) whether appellant desires self-representation.  See Tex. R. App. P. 38.8(b)(3); Fewins v. State, 170 S.W.3d 293 (Tex. App.—Waco 2005, order).

            The trial court shall conduct the hearing within 30 days after the date of this order.  The trial court clerk and the court reporter shall file supplemental records within 45 days after the date of this order.  See Fewins, 170 S.W.3d at 296-97.

                                                                                    PER CURIAM

Before Chief Justice Gray,

            Justice Vance, and

            Justice Reyna

Appeals abated

Order issued and filed December 17, 2008

Do not publish

[CRPM]