CLIFTON BENNETT v. The State of Texas, Appellee

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Court of Appeals of Texas, Houston (1st Dist.).

----------- CLIFTON BENNETT, Appellant v. The State of Texas, Appellee

NO. 01-09-01151-CR

Decided: October 28, 2010

Panel consists of Justices Keyes, Higley, and Bland.

MEMORANDUM OPINION

On September 8, 2010, appellant appeared before the trial court and informed the trial court of his desire to dismiss both appeals.   The trial court carefully and thoroughly admonished appellant of his right to continue his appeal.   After the admonishments, appellant persisted in requesting the appeals be dismissed.   We construe appellant's request as a motion to dismiss under Rule 42.2 the above referenced appeals.   See Tex.R.App. P. 42.2.   Appellant did not sign a written withdrawal, but he personally told the court he desired to dismiss the appeals.   The trial court made findings of fact that appellant had a right to appointed counsel, and that the court admonished appellant of his right to continue the appeal with counsel that would be appointed for him.   The trial court also found that appellant told the court he desired to dismiss the appeal.   Although our record does not contain a signed motion to dismiss, we conclude the intent of the rule is satisfied (1) by the record that shows the trial court admonished appellant of his right of appeal and appellant's waiver of that right, as recorded by a court reporter, and (2) by the trial court's findings of fact and recommendation that the appeal be dismissed.   See id.

We have not yet issued a decision.   Accordingly, the motion is granted and the appeal is dismissed.

We deny any pending motions as moot.

The Clerk is directed to issue mandate within 10 days of the date of this opinion.  Tex.R.App. P. 18.1.

PER CURIAM

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