Christopher Shane Eudy v. State

Opinion issued July 31, 2018 In The Court of Appeals For The First District of Texas ———————————— NO. 01-18-00278-CR ——————————— CHRISTOPHER SHANE EUDY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 2 Tarrant County, Texas Trial Court Cause No. 1484751D MEMORANDUM OPINION This Court’s June 28, 2018 Order of Abatement had abated this case for a late- brief abatement hearing. See TEX. R. APP. P. 38.8(b)(2). Appellant, Christopher Shane Eudy, has filed a motion to dismiss this appeal in compliance with Texas Rule of Appellate Procedure 42.2(a).1 Although the motion does not contain a certificate of conference, it contains a certificate of service on counsel for the State, has been on file with this Court for more than ten days with no response, and no opinion has issued. See TEX. R. APP. P. 10.1(a)(5), 10.3(a), 42.2(a). Accordingly, we withdraw the Order of Abatement and reinstate this case, grant appellant’s motion to dismiss, and dismiss the appeal. See TEX. R. APP. P. 42.2(a), 43.2(f). We dismiss any other pending motions as moot. PER CURIAM Panel consists of Justices Higley, Brown, and Caughey. Do not publish. TEX. R. APP. P. 47.2(b). 1 The Texas Supreme Court transferred this appeal from the Second Court of Appeals to this Court pursuant to its docket equalization powers. See TEX. GOV’T CODE ANN. § 73.001 (West 2013). 2