Rigoberto Monrroy v. State

Opinion

Opinion issued March 3, 2016

In The

Court of Appeals

For The

First District of Texas

weighing more than one gram and less than four grams.1 The trial court assessed his punishment at confinement for four years. Appellant timely filed a notice of appeal.

Counsel for appellant has filed a motion to withdraw the appeal. The motion is signed by counsel and includes a copy of a letter from appellant to which the motion refers. The letter is signed by appellant and expressly states that he no longer wishes to go forward with the appeal and asks counsel to terminate the appeal as soon as possible. We construe the motion as a motion to dismiss the appeal and conclude that it substantially complies with Texas Rule of Appellate Procedure 42.2(a). See TEX. R. APP. P. 42.2(a). We have not issued a decision in the appeal, and more than ten days have passed and the State has not responded or otherwise expressed opposition to the motion. See TEX. R. APP. P. 10.3(a), 42.2(a).

Accordingly, we dismiss the appeal. See TEX. R. APP. P. 43.2(f). We dismiss any other pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Massengale, and Huddle. Do not publish. TEX. R. APP. P. 47.2(b).

1 TEX. HEALTH & SAFETY CODE ANN. §§ 481.102(3)(D), 481.112(a), (b) (Vernon 2010).

Footnotes

1. NO. 01-15-00644-CR ——————————— RIGOBERTO MONRROY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 228th District Court Harris County, Texas Trial Court Case No. 1445254 MEMORANDUM OPINION A jury found appellant, Rigoberto Monrroy, guilty of the felony offense of possession with an intent to deliver a controlled substance, namely, cocaine,