State v. Barbara Thielen

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-18-00077-CR

THE STATE OF TEXAS, Appellant v.

BARBARA THIELEN, Appellee

From the 13th District Court Navarro County, Texas Trial Court No. D37752-CR

MEMORANDUM OPINION

The State has filed its appellant’s brief in this appeal and asserts in the brief that it

“hereby abandons the instant appeal.” The State notes that it filed its notice of appeal

before the trial court had made its findings of fact and conclusions of law. The State

explains, “Upon finally receiving and reviewing the trial court’s findings of fact and

conclusions of law, the State agrees that the trial court properly applied current applicable

case law. . . . Based on the factual findings and the application of law thereto, the State

abandons its issues.” We construe the State’s appellant’s brief as a motion to dismiss this appeal. See

TEX. R. APP. P. 42.2(a). We have not issued a decision in this appeal, and the brief is signed

by the State’s attorney. See id. Accordingly, the appeal is dismissed. See id.; State v. Miles,

994 S.W.2d 410, 410 (Tex. App.—Waco 1999, no pet.) (mem. op.) (per curiam).

REX D. DAVIS Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed April 18, 2018 Do not publish [CR25]

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