Preston McKaig Walkingstick v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 28, 2022
• Docket: 13-22-00290-CR
• Status: Published

Opinion

NUMBER 13-22-00290-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

PRESTON MCKAIG WALKINGSTICK, Appellant,

v.

THE STATE OF TEXAS, Appellee. ____________________________________________________________

On appeal from the 377th District Court of Victoria County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Contreras and Justices Longoria and Tijerina Memorandum Opinion by Justice Tijerina

This cause is before the Court on appellant’s waiver of appeal which is now

construed as a motion to dismiss this appeal. The motion was signed by both counsel

and the appellant. We find the motion meets 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, the motion to dismiss is granted.

Accordingly, the appeal is hereby dismissed. 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Do not publish.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 28th day of July, 2022.