Andrew Montemayor v. State

• Court: Court of Appeals of Texas
• Decided: September 5, 2002
• Docket: 07-02-00313-CR
• Status: Published

Opinion

NO. 07-02-0313-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL C

SEPTEMBER 5, 2002

______________________________

ANDREW MONTEMAYOR, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

_________________________________

FROM THE COUNTY COURT AT LAW NO. 2 OF LUBBOCK COUNTY;

NO. 2001-477,579; HONORABLE DRUE FARMER, JUDGE

_______________________________

Before QUINN and REAVIS and JOHNSON, JJ.

DISMISSAL

Pending before this Court is appellant's motion to dismiss his appeal. Appellant and his attorney have both signed the motion representing that appellant wishes to withdraw his notice of appeal pursuant to Rule 42.2(a) of the Texas Rules of Appellate Procedure. No decision of this Court having been delivered to date, we grant the motion. Accordingly, having dismissed the appeal at appellant's request, no motion for rehearing will be entertained and our mandate will issue forthwith.

Don H. Reavis

Justice

Do not publish.

s to be done by June 24, 2005. That deadline lapsed and we received neither a response nor amended certification. Thus, we dismiss this appeal. See Tex. R. App. P. 25.2(d) (requiring that the appeal be dismissed if a certification showing that the defendant has a right to appeal has not been made part of the record).

Accordingly, this appeal is dismissed.

James T. Campbell

1. John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.