Ruben Perez III v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 25, 2023
• Docket: 13-22-00114-CR
• Status: Published

Opinion

NUMBER 13-22-00114-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

RUBEN PEREZ III, Appellant,

v.

THE STATE OF TEXAS, Appellee. ____________________________________________________________

On appeal from the 214th District Court of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Silva and Peña Memorandum Opinion by Justice Silva

On March 8, 2023, the cause was abated for the trial court to determine whether

the appellant and/or appellant’s counsel had abandoned the appeal. This cause is now

before the Court on appellant’s 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).

Accordingly, the appeal is hereby reinstated and the motion to dismiss is granted.

Without passing on the merits of the case, the appeal is hereby dismissed. Having

dismissed the appeal at appellant’s request, no motion for rehearing will be entertained.

CLARISSA SILVA Justice

Do not publish.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

Delivered and filed on the 25th day of May, 2023.