NUMBER 13-16-00563-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
EZRA WALLACE JOHNSON, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the County Court at Law No. 3
of Cameron County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Longoria and Hinojosa
Memorandum Opinion by Chief Justice Valdez
This appeal was abated by this Court on June 30, 2017, because appellant’s brief
had not been filed. This cause is now before the Court because counsel for appellant
has filed an amended motion to dismiss his appeal. Accordingly, this case is hereby
REINSTATED.
The motion to dismiss appeal contains a signed affidavit of appellant stating that
he no longer wishes to pursue the appeal and wishes for the Court to dismiss his appeal.
We find the motion and affidavit together meet the requirement of Texas Rule of Appellate
Procedure 42.2(a) that appellant and his attorney must sign a written motion to dismiss
the appeal. See TEX. R. APP. P. 42.2(a). Without passing on the merits of the case, we
grant the motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.2(a) and
dismiss the appeal. Having dismissed the appeal at appellant's request, no motion for
rehearing will be entertained, and our mandate will issue forthwith.
/s/ Rogelio Valdez
ROGELIO VALDEZ
Chief Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
3rd day of August, 2017.
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