Walter G. Grossman and Georgia S. Grossman, Individually and as representatives and next friends of Sidney Joseph Grossman, a minor, and representatives and heirs at law of the Estate of Samuel David

State: Texas

Court: Texas Northern District Court

Docket No: 03-91-00207-CV

Case Date: 12/23/1992

Plaintiff: Meta Huzarevich

Defendant: The State of Texas--Appeal from County Court at Law No 2 of Johnson County

Preview:Meta Huzarevich v. The State of Texas--Appeal from
County Court at Law No 2 of Johnson County
IN THE
TENTH COURT OF APPEALS
No. 10-03-160-CR
META HUZAREVICH,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the County Court at Law No. 2
Johnson County, Texas
Trial Court # M200200166
MEMORANDUM OPINION
Meta Huzarevich pleaded nolo contendere to driving while intoxicated without the benefit of a plea recommendation.
The court sentenced Huzarevich to 180 days confinement in the county jail and a $600 fine, suspended imposition of
sentence, and placed her on community supervision for 2 years. Huzarevich s retained counsel L. Patrick Davis filed a
notice of appeal on her behalf.
Davis filed a motion to abate the appeal for a hearing to determine whether Huzarevich desired to prosecute the appeal
because he had had no contact with her in several months and did not know her current whereabouts.
Accordingly, we abated the cause to the trial court for a hearing to determine whether Huzarevich desired to proceed
with the appeal. See Wilson v. State, 39 S.W.3d 390, 390 (Tex. App. Waco 2001, no pet.). Huzarevich appeared at the
abatement hearing with her attorney and informed the trial court that she desires to abandon her appeal. She asked that
her community supervision be transferred to California where she resides. The court admonished her to insure that this
was a free and voluntary decision on her part.
Huzarevich has not filed a written withdrawal of her appeal as contemplated by Rule of Appellate Procedure 42.2. See
Tex. R. App. P. 42.2. Nevertheless, she stated on the record her desire to abandon the appeal. This is a sufficient basis
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on which to dismiss the appeal. See Hendrix v. State, 86 S.W.3d 762, 763-64 (Tex. App. Waco 2002, no pet.); Conners
v. State, 966 S.W.2d 108, 110 (Tex. App. Houston [1st Dist.] 1998, pet. ref d). Accordingly, the appeal is dismissed.
PER CURIAM
Before Chief Justice Gray,
Justice Vance, and
Judge Strother (Sitting by Assignment) //
Affirmed
Opinion issued and filed December 17, 2003
Do not publish
[CR25]
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