NO. 12-04-00266-CR
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
JAMES C. WATLEY, JR. § APPEAL FROM THE 7TH
APPELLANT
V. § JUDICIAL DISTRICT COURT OF
THE STATE OF TEXAS,
APPELLEE § SMITH COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
Appellant failed, after notice, to file a docketing statement in this appeal. On October 6, 2004, we remanded the matter and ordered the trial court to immediately conduct a hearing to determine the cause of Appellant’s failure to file the docketing statement and whether Appellant has abandoned the appeal. We also ordered that the trial court make appropriate findings and recommendations and prepare a record of the proceedings.
In compliance with our order, the trial court conducted a hearing on October 20, 2004 and filed a record of the proceedings. The record reflects that at the hearing, Appellant’s counsel presented a motion to dismiss the appeal, which was signed by Appellant. Appellant acknowledged to the trial court that he no longer wishes to pursue the appeal. The record of the hearing includes a finding by the trial court that Appellant, who was represented by counsel, made a knowing and intelligent waiver of his right to appeal as represented by the motion to dismiss. We have also been furnished a copy of Appellant’s motion to dismiss. Accordingly, the appeal is dismissed.
Opinion delivered October 29, 2004.
Panel consisted of Worthen, C.J., and Griffith, J.
DeVasto, J., not participating.
(DO NOT PUBLISH)