Antonio Negrete Monjaras v. State

Opinion

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-16-00174-CR

ANTONIO NEGRETE MONJARAS APPELLANT V.

THE STATE OF TEXAS STATE ----------

FROM THE 213TH DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO. 1174202D

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MEMORANDUM OPINION1 AND JUDGMENT ----------

We have considered appellant’s “Motion To Dismiss Appeal.” His counsel states that appellant “has been released from custody and was immediately deported to Mexico” and that he “stated to counsel via telephone that he no longer desires to pursue the appeal.” Appellant has not signed the motion in compliance with rule 42.2(a) of the rules of appellate procedure, but his counsel

1 See Tex. R. App. P. 47.4.

signed an affidavit indicating “that all of the allegations of fact contained [in the motion to dismiss appeal] are true and correct.” Tex. R. App. P. 42.2(a). We suspend rule 42.2(a)’s requirement that appellant sign the motion to dismiss the appeal. See id.; see also Tex. R. App. P. 2. No decision of this court having been delivered before we received this motion, we grant the motion and dismiss the appeal. See Tex. R. App. P. 43.2(f).

PER CURIAM

PANEL: MEIER, GABRIEL, and SUDDERTH, JJ.

DO NOT PUBLISH Tex. R. App. P. 47.2(b)

DELIVERED: June 23, 2016