Nalan Seker Shaw v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 7, 2023
• Docket: 08-23-00122-CR
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

NALAN SEKER SHAW, § No. 08-23-00122-CR

Appellant, § Appeal from the

v. § 175th Judicial District Court

THE STATE OF TEXAS, § of Bexar County, Texas

Appellee. § (TC# 2022CR6815)

MEMORANDUM OPINION

Appellant Nalan Seker Shaw pleaded true to one count of fraudulent use or possession of

identifying information and was placed on deferred-adjudication community supervision for a

period of eight years. 1 The trial court certified Appellant’s right to appeal. After Appellant filed a

notice of appeal, Appellant’s appellate counsel filed a motion to withdraw pursuant to Anders v.

California, 386 U.S. 738, 744 (1967) and a brief in support of the motion. Subsequently, appellate

counsel filed a motion to dismiss the appeal pursuant to TEX. R. APP. P. 42.2, indicating “Appellant

is asking this Court to dismiss this appeal.”

1 This case was transferred from our sister court in San Antonio, and we decide it in accordance with the precedent of that court to the extent required by TEX. R. APP. P. 41.3. Rule 42.2(a) provides: “At any time before the appellate court’s decision, the appellate

court may dismiss the appeal upon the appellant’s motion. The appellant and his or her attorney

must sign the written motion to dismiss and file it in duplicate with the appellate clerk, who must

immediately send the duplicate copy to the trial court clerk.” TEX. R. APP. P. 44.2(a). We have not

yet issued a decision in this case, and Appellant’s motion to dismiss the appeal is signed by both

Appellant and appellate counsel. Because Appellant has complied with the Rule 42.2(a)

requirements, we grant the motion and dismiss the appeal. See id. We further grant Appellant’s

counsel’s motion to withdraw.

LISA J. SOTO, Justice

July 7, 2023

Before Rodriguez, C.J., Palafox, and Soto, JJ.

(Do Not Publish)