Francisco Garcia Cardona v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 24, 2024
• Docket: 10-24-00288-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-24-00288-CR

FRANCISCO GARCIA CARDONA, Appellant v.

THE STATE OF TEXAS, Appellee

From the County Court at Law No. 3 Ellis County, Texas Trial Court No. 2310637

MEMORANDUM OPINION

Appellant, Francisco Garcia Cardona, appealed from his second conviction for

driving while intoxicated. See PEN. CODE ANN. §§ 49.04, 49.09. On October 8, 2024,

Appellant's counsel filed a document entitled “Withdrawal of Notice of Appeal,” signed

by counsel and Appellant. The document was filed in the trial court and forwarded to

this Court by the district clerk. The Rules of Appellate Procedure require an appellant

desiring to voluntarily dismiss his appeal to file a written motion to dismiss, signed by both the appellant and his attorney, with the appellate clerk. See TEX. R. APP. P. 42.2(a).

However, to expedite the disposition of this appeal, we invoke Rule 2 of the Texas Rules

of Appellate Procedure to suspend the requirement in Rule 42.2 that the appellant file the

motion in this Court. See id. R. 2.

Appellant's motion to dismiss is granted and this appeal is hereby dismissed. Id.

R. 42.2(a).

STEVE SMITH Justice

Before Chief Justice Gray Justice Johnson, and Justice Smith Dismissed Opinion issued and filed October 24, 2024 Do not publish [CR25]

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