Anthony McCarter v. the State of Texas

Court of Appeals of Texas·Decided April 18, 2023·No. 01-22-00932-CR·Published

Opinion

Opinion issued April 18, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-22-00932-CR ——————————— ANTHONY MCCARTER, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 180th District Court Harris County, Texas Trial Court Case No. 1656406

MEMORANDUM OPINION

Appellant, Anthony McCarter, filed a notice of appeal from the trial court’s

December 9, 2022 judgment of conviction. Appellant has filed a motion to dismiss

his appeal, representing that he “does not wish to continue to prosecute this appeal.” Appellant and his attorney have signed the motion, and this Court has not

issued a decision. See TEX. R. APP. P. 42.2(a). Further, more than ten days have

passed, and the State has not expressed opposition to appellant’s motion. See TEX.

R. APP. P. 10.3(a)(2).

Accordingly, we grant appellant’s motion and dismiss the appeal. See TEX.

R. APP. P. 42.2(a), 43.2(f). We dismiss any other pending motions as moot.

PER CURIAM

Panel consists of Justices Landau, Countiss, and Guerra. Do not publish. TEX. R. APP. P. 47.2(b).

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