James Caraballo v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 21, 2023
• Docket: 01-23-00388-CR
• Status: Published

Opinion

Opinion issued September 21, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00388-CR ——————————— JAMES CARABALLO, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 208th District Court Harris County, Texas Trial Court Case No. 1649354

MEMORANDUM OPINION

Appellant, James Caraballo, appealed the trial court’s May 17, 2023 final

judgment. On September 5, 2023, appellant’s counsel filed a motion to dismiss the

appeal, stating that appellant had provided “explicit, written permission to dismiss

[]his appeal,” and requesting that “this Court dismiss the appeal.” Appellant and his attorney have signed the motion, and this Court has not

issued a decision. See TEX. R. APP. P. 42.2(a). Further, more than ten days have

passed, and the State has not expressed opposition to appellant’s motion. See TEX.

R. APP. P. 10.3(a)(2).

Accordingly, we grant appellant’s motion and dismiss the appeal. See TEX.

R. APP. P. 42.2(a), 43.2(f). We dismiss any other pending motions as moot.

PER CURIAM

Panel consists of Justices Kelly, Landau, and Farris. Do not publish. TEX. R. APP. P. 47.2(b).