IN THE
TENTH COURT OF APPEALS
No. 10-09-00201-CR
MICHAEL CURTIS EVANS,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 54th District Court
McLennan County, Texas
Trial Court No. 2008-1670-C2
MEMORANDUM OPINION
Michael Curtis Evans has filed a motion to dismiss this appeal and a motion for
early issuance of mandate. See TEX. R. APP. P. 18.1(c), 42.2(a). We have not issued a
decision in this appeal. Evans personally signed the motion to dismiss. The Clerk of
this Court has sent a duplicate copy to the trial court clerk. Id. 42.2(a). Accordingly, the
motion to dismiss is granted.
Rule 18.1(a) establishes the usual date for issuance of this Court’s mandate. Id.
18.1(a). “The mandate may be issued earlier if the parties so agree, or for good cause on
the motion of a party.” Id. 18.1(c). Evans explains that he wishes for the mandate to
issue immediately to hasten his transfer from county jail to prison. The State has not
filed a response. Accordingly, the motion for early issuance of mandate is granted.
The appeal is dismissed. The Court’s mandate will issue contemporaneously
with the opinion and judgment. No motion for rehearing will be entertained.
FELIPE REYNA
Justice
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
Appeal dismissed
Opinion delivered and filed April 28, 2010
Do not publish
[CR25]
Evans v. State Page 2