ACCEPTED
03-14-00811-CR
4070591
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/9/2015 11:38:30 AM
JEFFREY D. KYLE
CLERK
IN THE COURT OF APPEALS
FOR THE THIRD DISTRICT OF TEXAS
FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
KARL DEAN STAHMANN, * 2/9/2015 11:38:30 AM
Appellant * JEFFREY D. KYLE
Clerk
v. * No. 03-14-00811-CR
THE STATE OF TEXAS *
APPELLANT'S MOTION TO DISMISS APPEAL
TO THE HONORABLE CHIEF JUSTICE AND JUSTICES OF SAID COURT:
In support of this Motion, Appellant would show:
1. Appellant was placed on deferred adjudication community supervision for the
state jail felony offense of credit card abuse.
2. On December 1, 2014, the trial judge entered an adjudication of guilt and
assessed punishment at two years confinement probated for a period of five
years.
3. The trial court ordered appellant taken into custody.
4. On December 15, 2014, undersigned counsel filed the Motion for New Trial
and the Defendant's Motion for Bail Pending Determination of Motion for
New Trial and Pending Appeal.
5. On December 15, 2014, the trial court summarily denied the Motion for Bail.
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6. On December 23, 2014, undersigned counsel filed two notices of appeal: (a)
related to the determination of guilt; and, (b) related to the denial of bail. The
notice in the latter was styled Defendant's Notice of Appeal- Bail
Proceeding.
7. Article 44.04(g) provides for the right of appeal from the denial of bail.
8. The Defendant's Notice of Appeal- Bail Proceeding was received in this
Honorable Court on December 29, 2014, and assigned this cause number.
9. Pursuant to Texas Rule of Appellate Procedure 42.2, Appellant moves to
dismiss the appeal. Appellant has signed the attached document seeking
dismissal.
10.Appellant DOES NOT wish to dismiss cause no. 03-15-00068-CR which
relates to the appeal of the merits of the trial judge's decision to enter a finding
of guilt in cause no. CR20 11-031. 1
Respectfully submitted,
/s/ Charles F. Baird
CHARLES F. BAIRD
TBA # 00000045
1 The determination to proceed with an adjudication of guilt on the original charge is reviewable
on appeal. Tex. C. Crim. Proc. art 42.12, sec. 5(b).
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B_ Y9 P
2312 .·. Trails Blvd - 101-A
Austin, TX 78745
Tel: 512 : 911
Fax: 512-804-5919
Email: ~~~~~~~
.
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing
document was served on Jennifer A. Tharp, Assistant District Attorney, Comal
District Attorney's Office, on February 9, 2015, via fax.
Is/ Charles F. Baird
CHARLES F. BAIRD
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