Marcus Dewayne McGee v. State
This text of Marcus Dewayne McGee v. State (Marcus Dewayne McGee v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE TENTH COURT OF APPEALS
No. 10-16-00136-CR
MARCUS DEWAYNE MCGEE, Appellant v.
THE STATE OF TEXAS, Appellee
From the 85th District Court Brazos County, Texas Trial Court No. 14-02774-CRF-85
MEMORANDUM OPINION
On June 3, 2016, Marcus Dewayne McGee’s counsel filed a motion to dismiss his
appeal. See TEX.R.APP.P. 42.2(a). The motion to dismiss is not signed by McGee as
contemplated by Rule 42.2. However, McGee’s attorney attached a letter written by
McGee which states, “you have my consent to cancel my appeal immediately.” McGee’s
clear indication of his desire to abandon the appeal provides a sufficient basis for this Court to dismiss the appeal. See Hendrix v. State, 86 S.W.3d 762 (Tex.App. – Waco 2002,
no pet.).
The motion is granted, and the appeal is dismissed.
AL SCOGGINS Justice
Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion granted; appeal dismissed Opinion delivered and filed June 15, 2016 [CR25]
McGee v. State Page 2
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