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Carnell v. State

Court of Appeals For The First District of Texas
Jul 6, 2017
NO. 01-15-00519-CR (Tex. App. Jul. 6, 2017)

Opinion

NO. 01-15-00519-CR

07-06-2017

JARVIS LAMONT CARNELL, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the County Criminal Court at Law No. 10 Harris County, Texas
Trial Court Cause No. 1933252

MEMORANDUM OPINION

Appellant, Jarvis Lamont Carnell, was charged with misdemeanor assault of a person with whom he had a dating relationship. He was tried and convicted by a jury. The trial court entered judgment in accordance with the jury's verdict and sentenced Carnell to 240 days' confinement in county jail. Carnell filed a notice of appeal.

On August 26, 2016, Carnell filed his appellate brief. Carnell argued that he was deprived of counsel during the critical period for filing a motion for new trial and requested that we abate the appeal so that he could file an out-of-time motion for new trial.

On April 13, 2017, we issued an order that abated the appeal, remanded the case to the trial court, and restarted the appellate timetable to allow Carnell the opportunity to file a motion for new trial. No. 01-15-00519-CR, 2017 WL 1352129 (Tex. App.—Houston [1st Dist.] April 13, 2017, no pet.) (order of abatement).

When we issued the abatement order, the panel consisted of Justices Massengale, Brown, and Huddle.

However, Carnell decided not to file a motion for new trial, and on June 13, 2017, he filed a motion to dismiss the appeal. The motion complies with Texas Rule of Appellate Procedure 42.2(a). See TEX. R. APP. P. 42.2(a). We have not issued a decision in the appeal. The Clerk of this Court has sent a duplicate copy of the motion to dismiss to the trial court clerk. Id.

Accordingly, we reinstate the case on this Court's active docket and dismiss the appeal. See TEX. R. APP. P. 43.2(f). We dismiss any pending motions as moot.

PER CURIAM Panel consists of Chief Justice Radack and Justices Massengale and Brown. Do not publish. TEX. R. APP. P. 47.2(b).


Summaries of

Carnell v. State

Court of Appeals For The First District of Texas
Jul 6, 2017
NO. 01-15-00519-CR (Tex. App. Jul. 6, 2017)
Case details for

Carnell v. State

Case Details

Full title:JARVIS LAMONT CARNELL, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals For The First District of Texas

Date published: Jul 6, 2017

Citations

NO. 01-15-00519-CR (Tex. App. Jul. 6, 2017)