LANDON OMODIA v. THE STATE OF TEXAS (2017)

MEMORANDUM OPINION

Without agreed punishments recommendations from the State, appellant, Landon Omodia, pleaded guilty to three separate felony offenses of aggravated robbery with a deadly weapon ¹ in trial court cause numbers 1394248, 1394249, and 1398656, and the state-jail-felony offense of criminally negligent homicide ² in trial court cause number 1418622. The trial court accepted appellant's pleas, found him guilty, and assessed his punishment at confinement for fifteen years for each offense of aggravated robbery with a deadly weapon and two years for the offense of criminally negligent homicide, with the sentences to run concurrently. Appellant timely filed a notice of appeal in each proceeding.

On September 9, 2016, the trial court held an abatement hearing. The court reporter has filed in this Court a reporter's record of that hearing. And, the trial court clerk has filed supplemental clerk's records that contain the trial court's August 19, 2016 order, appointing counsel to represent appellant on appeal, and September 9, 2016 certifications, which are signed by appellant, his counsel, and the trial court, stating that appellant “has waived the right of appeal.”

Appointed appellant counsel and appellant were present at the abatement hearing. Appellant's counsel stated that “[a]fter evaluating the case, reading the record and conferring with [appellant], my advice has been he should not pursue an appeal. And after speaking at length, [appellant] has agreed and would like at this time to waive his appeal.” When questioned by his counsel, appellant stated that he and counsel had time to confer before the hearing, his questions were answered, and he had reviewed each conviction. In response to the trial court's questions, appellant stated that, in each cause number, he had signed a certification of his right to appeal, stating that he wanted to waive his right to appeal.

Appellant has not filed in this Court a motion to withdraw the appeals. See TEX. R. APP. P. 42.2(a). Given appellant's representation of waiver of appeal at the abatement hearing and the certifications of appellant's right to appeal, signed by appellant and his counsel, we conclude that good cause exists to suspend the operation of rule 42 in these appeals. See TEX. R. APP. P. 2, 42; Conners v. State, 966 S.W.2d 108, 110–11 (Tex. App.—Houston [1st Dist.] 1998, pet. ref'd); see, e.g., Matthews v. State, No. 01-11-01085-CR, 2013 WL 3247274, at *1 (Tex. App.— Houston [1st Dist.] June 27, 2013, no pet.) (mem. op., not designated for publication) (suspending rule 42 and dismissing appeal based on appellant's statement at abatement hearing and signed notice of waiver of appeal). We have not yet issued decisions in the appeals. See TEX. R. APP. P. 42.2(b).

Accordingly, we lift our August 11, 2016 abatement orders, reinstate the appeals, and dismiss the appeals. See TEX. R. APP. P. 43.2(f). We dismiss any pending motions as moot.

FOOTNOTES

1.   See TEX. PENAL CODE ANN. § 29.03(a)(2), (b) (Vernon 2011).

2.   See id. § 19.05 (Vernon 2011).

PER CURIAM