Michael Lumpkins v. State of Texas - Appeal Dismissed
Summary
The Texas Court of Appeals, 7th District, has dismissed the criminal appeal of Michael Lumpkins in Docket No. 07-26-00003-CR. The dismissal is based on the trial court's findings that the appellant no longer wishes to pursue the appeal, following a prior remand to ascertain his intent.
What changed
The Texas Court of Appeals has dismissed the criminal appeal filed by Michael Lumpkins against the State of Texas. The appeal, docketed as No. 07-26-00003-CR, was dismissed after the trial court determined that Lumpkins no longer wished to prosecute his appeal. This decision follows a previous remand order by the appellate court to confirm the appellant's intentions.
This action means the conviction for possession of marijuana and the associated sentence of three days confinement in Lubbock County Jail remain in effect. As the appeal has been dismissed, no further legal proceedings will occur at the appellate level regarding this case. The appellant, proceeding pro se, did not respond to the court's notification regarding the potential dismissal, leading to the final disposition.
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March 24, 2026 Get Citation Alerts Download PDF Add Note
Michael Lumpkins v. the State of Texas
Texas Court of Appeals, 7th District (Amarillo)
- Citations: None known
- Docket Number: 07-26-00003-CR
- Nature of Suit: Miscellaneous/Other Criminal including Misdemeanor or Felony
Disposition: Dismissed
Disposition
Dismissed
Lead Opinion
In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-26-00003-CR
MICHAEL LUMPKINS, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the County Court at Law No. 1
Lubbock County, Texas
Trial Court No. CC-2025-CR-2405, Honorable Mark Hocker, Presiding
March 24, 2026
MEMORANDUM OPINION
Before PARKER, C.J., and DOSS and YARBROUGH, JJ.
Appellant, Michael Lumpkins, proceeding pro se, was convicted of possession of
marihuana1 and sentenced to three days of confinement in Lubbock County Jail. We
previously remanded this cause to the trial court to determine, among other things,
whether Appellant desired to continue to prosecute the appeal.
1 See TEX. HEALTH & SAFETY CODE § 481.121(b)(1).
On February 17, 2026, the trial court issued findings of fact and conclusions of law
stating that Appellant no longer desired to pursue the appeal. By letter of February 23,
2026, we notified Appellant that unless he filed a written response by March 9, 2026,
affirmatively stating his desire to continue this appeal, the appeal will be reinstated on the
Court’s docket and subject to dismissal. See TEX. R. APP. P. 42.2. Appellant has not
responded to the Court’s letter or had any further communication with the Court to date.
Accordingly, we reinstate the appeal and dismiss it based on the trial court’s
findings that Appellant no longer desires to prosecute the appeal. See TEX. R. APP. P. 2,
42.2; Soto v. State, No. 07-22-00356-CR, 2023 Tex. App. LEXIS 6638, at *3 (Tex. App.—
Amarillo Aug. 28, 2023, no pet.) (mem. op., not designated for publication) (dismissing
appeal after appellant notified the trial court that he no longer wished to pursue the
appeal).
The appeal is dismissed.
Per Curiam
Do not publish.
2
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