Donna Nicole Chamberlain v. the State of Texas

Opinion

NUMBER 13-22-00412-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

DONNA NICOLE CHAMBERLAIN, Appellant,

v.

THE STATE OF TEXAS, Appellee. ____________________________________________________________

On appeal from the 28th District Court of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION

Before Chief Contreras and Justices Silva and Peña Memorandum Opinion by Chief Justice Contreras

This cause is before the Court on appellant’s amended motion to dismiss this

appeal. The amended motion was signed by both counsel and the appellant. We find the

amended motion meets the requirement of Texas Rule of Appellate Procedure 42.2(a)

that appellant and attorney must sign a written motion to dismiss the appeal. See TEX. R.

APP. P. 42.2(a). Additionally, on February 2, 2023, the cause was abated for the trial to determine

whether the appellant and/or appellant’s counsel had abandoned the appeal. On

February 23, 2023, we received a supplemental clerk’s record which contained

defendant’s motion to abandon the appeal and an order granting that motion signed by

the trial court judge.

Accordingly, the appeal is hereby reinstated and the amended motion to dismiss

is granted. Without passing on the merits of the case, the appeal is hereby dismissed.

Having dismissed the appeal at appellant’s request, no motion for rehearing will be

entertained.

DORI CONTRERAS Chief Justice

Do not publish. TEX. R. APP. P. 47.2(b).

Delivered and filed on the 16th day of March, 2023.