Roberto Alejandro Rodriguez Gras v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 25, 2025
• Docket: 01-22-00935-CR
• Status: Published

Opinion

Opinion issued February 25, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-22-00935-CR ——————————— ROBERTO ALEJANDRO RODRIGUEZ GRAS, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 230th District Court Harris County, Texas Trial Court Case No. 1756321

MEMORANDUM OPINION

Appellant, Roberto Alejandro Rodriguez Gras, filed a notice of appeal from

the trial court’s December 8, 2022 final judgment. On the motion of appellant, the

Court abated the appeal and remanded to the trial court to resolve an inconsistency

in the record regarding appellant’s right to appeal. However, on February 12, 2025, appellant’s counsel filed a motion to dismiss the appeal, stating that appellant “d[id]

not wish to continue to prosecute the appeal,” and requested that this Court “grant

his motion to dismiss this appeal.”

Appellant and his attorney have signed the motion, and the Court has not

issued a decision. See TEX. R. APP. P. 42.2(a). Further, more than ten days have

passed, and the State has not expressed opposition to appellant’s motion. See TEX.

R. APP. P. 10.3(a)(2).

Accordingly, we reinstate the appeal to the Court’s active docket, grant

appellant’s motion, and dismiss the appeal. See TEX. R. APP. P. 42.2(a), 43.2(f). We

dismiss any other pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Gunn and Guiney.

Do not publish. TEX. R. APP. P. 47.2(b).