Order entered November 6, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01225-CR
RICARDO ONTIVEROS RODRIGUEZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 401st Judicial District Court
Collin County, Texas
Trial Court Cause No. 401-82359-2013
ORDER
The Court REINSTATES the appeal.
On October 13, 2014, appellant’s counsel filed a motion to dismiss the appeal that was
not signed by appellant. In the motion, counsel stated that appellant refused to execute the
motion to dismiss, but had indicated he did not wish to pursue the appeal. Because rule of
appellate procedure 42.2(a) requires that a motion to dismiss be signed by both the appellant and
counsel, we could not grant the motion as it stood. Therefore, on October 15, 2014 the Court
ordered the trial court to make findings regarding whether appellant desired to pursue the appeal.
We ADOPT the trial court’s findings that: (1) appellant is indigent; (2) appellant stated he does
want to pursue the appeal, but wanted to wait until he was released from prison; (3) the trial
court and counsel tried to explain the appellate rules and timetables to appellant and the
unlikelihood of obtaining a later out-of-time appeal, but appellant did not “believe” them; and (4)
because appellant clearly does wish to have his conviction reviewed, appellate counsel will
proceed with the appeal.
We ORDER the Collin County District Clerk to file the clerk’s record in this appeal
within THIRTY DAYS of the date of this order.
We ORDER court reporter Kim Tinsley to file the reporter’s record within THIRTY
DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order, by electronic transmission, to the
Collin County District Clerk’s Office; Kim Tinsley, official court reporter, 401st Judicial District
Court; and to counsel for all parties.
/s/ CAROLYN WRIGHT
CHIEF JUSTICE