Chace Wilkinson v. State

Opinion

Fourth Court of Appeals San Antonio, Texas March 16, 2020

No. 04-19-00815-CR

Chace WILKINSON, Appellant

v.

The STATE of Texas, Appellee

From the 451st Judicial District Court, Kendall County, Texas Trial Court No. 6087 Honorable Kirsten Cohoon, Judge Presiding

ORDER From the limited record before us, it appears that on November 7, 2019, the trial court revoked Appellant’s probation and sentenced Appellant to confinement for one year in a State jail facility. Appellant timely filed a motion for new trial and a notice of appeal. On March 10, 2020, Appellant’s counsel filed a motion to dismiss the appeal which is signed by counsel but is not signed by Appellant. Contra TEX. R. APP. P. 42.2(a) (requiring the appellant’s signature to authorize a voluntary motion to dismiss). Counsel’s motion to dismiss this appeal is DENIED without prejudice to filing a motion with the requisite signatures. See id. (“The appellant and his or her attorney must sign the written motion to dismiss . . . .”); Conners v. State, 966 S.W.2d 108, 110 (Tex. App.—Houston [1st Dist.] 1998, pet. ref’d).

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of March, 2020. ___________________________________ MICHAEL A. CRUZ, Clerk of Court