Brandon Arriola v. State

• Court: Court of Appeals of Texas
• Decided: May 24, 2017
• Docket: 10-17-00117-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-17-00117-CR

BRANDON ARRIOLA, Appellant v.

THE STATE OF TEXAS, Appellee

From the County Court at Law No. 1 Johnson County, Texas Trial Court No. M201501918

MEMORANDUM OPINION

Appellant Brandon Arriola has filed a “Motion to Dismiss Appeal” in which he

states that he “respectfully moves this Court to withdraw appellant’s notice of appeal and

dismiss this appeal, pursuant to Rule 42.2 of the Texas Rules of Appellate Procedure.”

We have no authority under Rule of Appellate Procedure 42.2 to “withdraw appellant’s

notice of appeal”; therefore, we construe Arriola’s motion as a motion to voluntarily

dismiss his appeal. See TEX. R. APP. P. 42.2(a). We have not issued a decision in this

appeal, and although Arriola did not personally sign the motion, he did sign a “verification” that is attached to the motion that states, “I have read the foregoing Motion

to Dismiss Appeal and swear that all of the allegations of fact contained therein are true

and correct.” The motion to dismiss is therefore granted, and this appeal is dismissed.

REX D. DAVIS Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion granted; appeal dismissed Opinion delivered and filed May 24, 2017 Do not publish [CR25]

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