Juan Garcia Cervantes A/K/A Juan Cervantes v. the State of Texas

Opinion

NUMBER 13-22-00505-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

JUAN GARCIA CERVANTES A/K/A JUAN CERVANTES, Appellant,

v.

THE STATE OF TEXAS, Appellee. ____________________________________________________________

On appeal from the 92nd District Court of Hidalgo County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Benavides, Tijerina, and Peña Memorandum Opinion by Justice Tijerina

This cause is before the court on appellant’s motion to dismiss this appeal which

indicates appellant had waived his right to appeal and has no right to appeal. Counsel for

appellant signed the motion, and the appellant signed an attached affidavit. We find the

motion and affidavit together meet the requirement of Texas Rule of Appellate Procedure 42.2(a) that appellant and attorney must sign a written motion to dismiss the appeal. See

TEX. R. APP. P. 42.2(a). Without passing on the merits of the case, we grant the motion to

dismiss and dismiss the appeal.

Having dismissed the appeal at appellant's request, no motion for rehearing will be

entertained.

JAIME TIJERINA Justice

Do not publish.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

Delivered and filed the 9th day of February, 2023.