NUMBER 13-15-00117-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
GUSTAVO RODRIGUEZ DE LA GARZA, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 370th District Court
of Hidalgo County, Texas.
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MEMORANDUM OPINION
Before Justices Garza, Benavides, and Longoria
Memorandum Opinion Per Curiam
Appellant, Gustavo Rodriguez de la Garza, was convicted of sexual assault. On
March 6, 2015, appellant filed a notice of appeal by and through his appointed counsel.
Appellant’s counsel filed a motion to dismiss the appeal, but was informed by this Court
that it could not be dismissed without appellant’s signature. See TEX. R. APP. P. 42.2 (a).
On September 3, 2015, this Court abated the appeal to the trial court to determine
if appellant could be located and to determine whether appellant desired to prosecute this
appeal. The trial court held a hearing on September 28, 2015. Appellant appeared with
counsel. The trial court found that appellant wishes to abandon his appeal and
recommended the appeal be dismissed.
Based upon the finding of the trial court that appellant has abandoned his appeal,
we conclude that good cause exists to suspend the operation of Rule 42.2(a) in this case.
See TEX. R. APP. P. 2. Accordingly, we dismiss the appeal.
PER CURIAM
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
29th day of October, 2015.
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