Affirm and Opinion Filed August 19, 2015.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00357-CR
JOSHUA LEE DIXON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 380th Judicial District Court
Collin County, Texas
Trial Court Cause No. 380-82812-2014
MEMORANDUM OPINION
Before Justices Fillmore, Myers, and Evans
Opinion by Justice Myers
Joshua Lee Dixon was convicted of delivery of methamphetamine in an amount of one
gram or more but less than four grams. See TEX. HEALTH & SAFETY CODE ANN. §§ 481.102(6),
481.112(c) (West 2010). Punishment, following the revocation of appellant’s community
supervision, was assessed at five years’ imprisonment. Appellant filed a pro se motion to
dismiss the appeal. However, because the motion was not signed by counsel, and counsel did
not respond to our letter inquiring about whether he concurred in appellant’s decision, we could
not grant the motion. See TEX. R. APP. P. 42.2(a) (both appellant and counsel must sign motion
to dismiss appeal). Therefore, we ordered the trial court to make findings regarding whether
appellant desired to pursue the appeal. We adopted the trial court’s finding that appellant does
not wish to pursue the appeal and we submitted the appeal without briefs. See TEX. R. APP. P.
38.8(b)(4). Absent briefs, no issues are before us. Finding no fundamental error, we affirm the
trial court’s judgment.
/Lana Myers/
LANA MYERS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
150357F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JOSHUA LEE DIXON, Appellant On Appeal from the 380th Judicial District
Court, Collin County, Texas
No. 05-15-00357-CR V. Trial Court Cause No. 380-82812-2014.
Opinion delivered by Justice Myers, Justices
THE STATE OF TEXAS, Appellee Fillmore and Evans participating.
Based on the Court’s opinion of this date, we AFFIRM the trial court’s judgment.
Judgment entered this 19th day of August, 2015.
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