Tyisha Michelle Jones v. State

• Court: Court of Appeals of Texas
• Decided: February 6, 2017
• Docket: 08-16-00269-CR
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

§ No. 08-16-00269-CR TYISHA MICHELLE JONES, § Appeal from the Appellant, § 120th District Court v. § of El Paso County, Texas THE STATE OF TEXAS, § (TC# 20130D06247) State. § ORDER

On January 31, 2017, Justin B. Underwood, Appellant’s retained attorney, filed with this

Court a motion for voluntary dismissal of the appeal, but the motion does not contain the

Appellant’s signature as required by TEX.R.APP.P. 42.2. The motion states that Appellant has

moved out of Texas, and Mr. Underwood is unable to locate her. Rule 42.2 does not permit the

Court to dismiss the appeal without Appellant’s signature on the motion unless the record

affirmatively reflects that Appellant no longer wishes to appeal. There is nothing in the record

showing that Appellant does not wish to pursue the appeal. Accordingly, the motion to dismiss

is DENIED. Further, the Reporter’s Record is now due March 8, 2017.

IT IS SO ORDERED this 6th day of February, 2017.

PER CURIAM

Before McClure, C.J., Rodriguez and Palafox, JJ.