Ex Parte Friedrich Alexander Hoeninghaus IV

Opinion

NUMBER 13-20-00284-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

EX PARTE FRIEDRICH ALEXANDER HOENINGHAUS IV

On appeal from the 249th District Court of Johnson County, Texas.

MEMORANDUM OPINION Before Chief Justice Contreras and Justices Longoria and Perkes Memorandum Opinion by Chief Justice Contreras

Appellant Friedrich Alexander Hoeninghaus IV filed a notice of appeal regarding

the trial court’s denial of appellant’s pretrial application for a writ of habeas corpus. 1 We

previously abated this appeal for a determination regarding, inter alia, whether the appeal

1 The Texas Supreme Court transferred the appeal to this Court from the Tenth Court of Appeals.

See TEX. GOV’T CODE ANN. § 73.001 (“The supreme court may order cases transferred from one court of appeals to another at any time that, in the opinion of the supreme court, there is good cause for the transfer.”). had been abandoned. Appellant has now filed a motion to dismiss his appeal. See TEX.

R. APP. P .42.2(a) (allowing appellate courts to dismiss criminal appeals upon the

appellant’s motion before the appellate court’s decision when the attorney and appellant

both sign a written motion to dismiss).

We have not yet issued a decision in this case, and both appellant and his attorney

have signed the motion to dismiss the appeal. See id. Accordingly, without passing on

the merits of the case, we reinstate this appeal, grant appellant’s motion to dismiss, and

dismiss the appeal. Having dismissed the appeal at appellant’s request, no motion for

rehearing will be entertained, and our mandate will issue forthwith.

DORI CONTRERAS Chief Justice

Do not publish.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

Delivered and filed the 3rd day of December, 2020.