ABRAHAM ARJON v. THE STATE OF TEXAS

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Court of Appeals of Texas, Houston (14th Dist.).

ABRAHAM ARJON, Appellant v. THE STATE OF TEXAS, Appellee

NO. 14-17-00287-CR

Decided: May 25, 2017

Panel consists of Chief Justice Frost and Justices Jamison and Busby.

MEMORANDUM OPINION

A jury convicted appellant of unlawful possession of a firearm by a felon. The trial court sentenced appellant to 20 years' imprisonment and certified his right to appeal. Appellant timely appealed to the Third Court of Appeals, and the appeal was transferred to this court on April 14, 2017, by order of the Supreme Court of Texas.

This court received a motion, apparently filed in the trial court on April 7, 2017, that indicated appellant wished to waive his right to appeal and would file a motion to dismiss the appeal. The motion appears to be signed by appellant and his attorney. On the same page as the motion is an order signed by the trial court on April 7, 2017, accepting appellant's waiver. The motion and order are not in the clerk's record but were provided by the court reporter.

We abated the appeal and ordered the judge of the 426th District Court to conduct a hearing to determine whether appellant desires to prosecute his appeal.

At the hearing, counsel for appellant explained that as part of a plea-bargain agreement in another case against appellant, appellant agreed to waive his appeal in this case. After allowing appellant to speak privately with his lawyer, the trial judge had the following exchange with appellant:

COURT: All right. Mr. Arjon, you understand the question today is waiver of appeal in this case where you were charged with unlawful possession of a firearm by a felon?

APPELLANT: Yes, ma'am.

COURT: You had previously given notice of appeal.

APPELLANT: Yes, ma'am.

COURT: And I understand that as part of the plea agreement in Cause Number 76139, you have agreed to waive appeal in Cause Number 76140 —

APPELLANT: Yes, ma'am.

COURT: — is that correct?

APPELLANT: Yes, ma'am.

COURT: And is that what you want to do?

APPELLANT: Yes, ma'am.

COURT: Counsel, you concur?

COUNSEL: I do, Judge.

COURT: Anything further?

COUNSEL: No, Your Honor.

PROSECUTOR: Not from the state.

COURT: I'm finding that the defendant has waived his right of appeal in Cause Number 76140 in open court today and also as part of the plea agreement in Cause Number 76139 that was previously heard.

Appellant has not filed a written motion to withdraw the appeal or a written motion to dismiss the appeal. See Tex. R. App. P. 42.2(a). However, based upon the testimony at the hearing that appellant does not want to continue 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