Amanda Louise Willis v. State

• Court: Court of Appeals of Texas
• Decided: June 28, 2018
• Docket: 04-18-00304-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas June 28, 2018

No. 04-18-00304-CR

Amanda Louise WILLIS, Appellant

v.

The STATE of Texas, Appellee

From the 216th Judicial District Court, Kerr County, Texas Trial Court No. A1730 Honorable N. Keith Williams, Judge Presiding

ORDER Appellant Amanda Louise Willis appeals her conviction for possession of a controlled substance with intent to deliver. On June 21, 2018, appellant’s counsel filed a motion to dismiss the appeal pursuant to Rule 42.2(a) of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 42.2(a). However, the motion only contains counsel’s signature and does not contain a signature from appellant. Rule 42.2(a) provides that:

At any time before the appellate court’s decision, the appellate court may dismiss the appeal upon the appellant’s motion. The appellant and his or her attorney must sign the written motion to dismiss and file it in duplicate with the appellate clerk, who must immediately send the duplicate copy to the trial court.

Id. (emphasis added). “Without appellant’s signature or a statement made in open court by appellant that [s]he no longer desires to appeal, we are unable to grant the motion to dismiss pursuant to Rule 42.2(a).” Brennan v. State, No. 08-03-00118-CR, 2003 WL 21487810, at * 1 (Tex. App.—El Paso June 26, 2003, no pet.). Accordingly, we DENY appellant’s motion to dismiss without prejudice.

We order the clerk of this court to serve copies of this order on appellant and the attorneys of record. _________________________________ Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 28th day of June, 2018.

___________________________________ KEITH E. HOTTLE, Clerk of Court