@Niner His motion to dismiss the appeal:
COMES NOW Appellant/Defendant by counsel Ellen M. O’Connor, Marion County Public Defender Agency, and files this Verified Motion to Dismiss Appeal and, in support, states:
1. On September 09, 2021, the Marion County Grand Jury indicted Robert Lyons with Count I Neglect of a Dependent Resulting In Serious Bodily Injury [§35-46-1-4(a)1-(a)3; §35-46-1-4(b)(3)] L3; Count II Neglect of a Dependent Resulting In Bodily Injury [§35-46-1-4(a)1-(a)3; §35-46-1-4(b)(2)] L5; Count Ill Neglect of a Dependent with Deprivation [§35-46-1-4(a)2; §35-46-l-4(b)(4)] L5; and Count IV Neglect of a Dependent [§35-46-1-4(a)1I-(a)4] L6. The Grand Jury also indicted co-defendant Amber Robinson 49D28-2209-F3-024542.
2. On September 16, 2022, the trial court set Robert Lyons’ bond at $200,000, 10% surety with GPS monitoring. 1 Filed: 1/18/2023 3:19 PM Verified Motion to Dismiss Appeal Robert Lyons
3. On October 07, the trial court held a bail review and set his bond at $150,000, 10% surety with GPS monitoring over Robert Lyons’ objection that the amount was excessive.
4. The Notice of Appeal from Final Judgment, pursuant to Appellate Rule 2(H) and 9(I). was filed on October 12, 2022.
5. The Notice of Completion was filed on December 01, 2022.
6. After continuance, the brief is currently due on January 18, 2023.
7. The Court of Appeals has jurisdiction of this appeal under Appellate Rule 5(A).
8. Since initiating this appeal, Robert Lyons informed his trial counsel Courtney Benson-Kooy and paralegal Kimberly Manifeld that his circumstances had changed and he is unable to make a bond.
9. On January 12, 2023, Kimberly Manifold again spoke with Robert Lyons. He reiterated he cannot make a bond and expressed his wish to move by focusing on preparing for his upcoming jury trial scheduled for March 06,2023.
10. Robert Lyons understands his issue is moot and understands the process of pursuing a pretrial appeal and the finality of dismissing an appeal. He wants his appeal of his pretrial bond amount to be withdrawn WHEREFORE, counsel respectfully requests this Court dismiss Irobert Lyons’ appeal of his pretrial bond under this cause and for all other just and proper relief.