Guadalupe Garcia v. State

• Court: Court of Appeals of Texas
• Decided: August 31, 2011
• Docket: 13-11-00402-CR
• Status: Published

Opinion

NUMBER 13-11-00402-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

GUADALUPE GARCIA, Appellant,

v.

THE STATE OF TEXAS, Appellee. ____________________________________________________________

On appeal from the 138th District Court of Cameron County, Texas. ____________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Garza Memorandum Opinion Per Curiam

Appellant, Guadalupe Garcia, was convicted of theft. On March 17, 2011,

appellant filed a notice of appeal by and through his attorney. Counsel for appellant

subsequently filed a motion to dismiss the appeal with the trial court which was granted on

June 14, 2011. This Court has requested that counsel file a motion to dismiss the appeal

with this Court in accordance with Texas Rule of Appellate Procedure 42.2(a). See TEX.

R. APP. P. 42.2 (a). To date a motion to dismiss has not been filed. Although no written motion has been filed in compliance with Rule 42.2(a) of the

Texas Rules of Appellate Procedure, based upon the order issued by the trial court we

conclude that appellant does not want to continue his appeal and that good cause exists

to suspend the operation of Rule 42.2(a) in this case. See TEX. R. APP. P. 2.

Accordingly, we dismiss the appeal.

PER CURIAM

Do not publish. See TEX. R. APP. P. 47.2(b). Delivered and filed the 31st day of August, 2011.