James Deangelo Johson v. State

• Court: Court of Appeals of Texas
• Decided: February 18, 2020
• Docket: 04-20-00068-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas February 18, 2020

No. 04-20-00068-CR

James Deangelo JOHSON, Appellant

v.

The STATE of Texas, Appellee

From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2018CR12139A Honorable Stephanie R. Boyd, Judge Presiding

ORDER From the limited record before us, it appears that on January 15, 2020, the trial court imposed sentence on Appellant. Appellant timely filed a notice of appeal. On February 13, 2020, Appellant’s court-appointed counsel filed a motion to withdraw Appellant’s notice of appeal, which is signed by counsel but is not signed by Appellant. Contra TEX. R. APP. P. 42.2 (requiring the appellant’s signature to authorize a voluntary motion to dismiss). Counsel’s motion to dismiss this appeal is DENIED without prejudice to filing a motion with the requisite signatures. See id. (“The appellant and his or her attorney must sign the written motion to dismiss . . . .”); Conners v. State, 966 S.W.2d 108, 110 (Tex. App.—Houston [1st Dist.] 1998, pet. ref’d).

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of February, 2020. ___________________________________ Michael A. Cruz, Clerk of Court