Patrick Evans v. State

Opinion

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-13-00522-CR

PATRICK EVANS APPELLANT V.

THE STATE OF TEXAS STATE

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FROM CRIMINAL DISTRICT COURT NO. 2 OF TARRANT COUNTY ----------

MEMORANDUM OPINION 1

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A jury convicted Appellant Patrick Evans of capital murder in 2007, and the conviction was affirmed on appeal in 2009. See Evans v. State, No. 08-07- 00213-CR, 2009 WL 2462538, at *11 (Tex. App.––El Paso Aug. 12, 2009, pet. ref’d) (not designated for publication). On October 22, 2013, we received Appellant’s pro se “Notice of Appeal of Recent Motions.” In response, we sent a

1 See Tex. R. App. P. 47.4.

letter to Appellant advising him of our concern that we lacked jurisdiction over this appeal because it appeared he was attempting to appeal a judgment that had already been affirmed once on appeal. Appellant replied with a letter asking to withdraw his notice of appeal, which we construe as a motion to dismiss the appeal. It is the court’s opinion that the motion should be granted; therefore we dismiss the appeal. See Tex. R. App. P. 42.2(a), 43.2(f); Willis v. State, No. 02- 11-00309-CR, 2011 WL 4345301, at *1 (Tex. App–-Fort Worth Sept. 15, 2011, no pet.) (mem. op., not designated for publication).

PER CURIAM

PANEL: GARDNER, WALKER, and MCCOY, JJ.

DO NOT PUBLISH Tex. R. App. P. 47.2(b)

DELIVERED: December 19, 2013