NUMBER 13-22-00114-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG ____________________________________________________________ RUBEN PEREZ III, Appellant, v. THE STATE OF TEXAS, Appellee. ____________________________________________________________ On appeal from the 214th District Court of Nueces County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Chief Justice Contreras and Justices Silva and Peña Memorandum Opinion by Justice Silva On March 8, 2023, the cause was abated for the trial court to determine whether the appellant and/or appellant’s counsel had abandoned the appeal. This cause is now before the Court on appellant’s motion to dismiss this appeal. The motion was signed by both counsel and the appellant. We find the motion meets the requirement of Texas Rule of Appellate Procedure 42.2(a) that appellant and attorney must sign a written motion to dismiss the appeal. See TEX. R. APP. P. 42.2(a). Accordingly, the appeal is hereby reinstated and the motion to dismiss is granted. Without passing on the merits of the case, the appeal is hereby dismissed. Having dismissed the appeal at appellant’s request, no motion for rehearing will be entertained. CLARISSA SILVA Justice Do not publish. TEX. R. APP. P. 47.2(b). Delivered and filed on the 25th day of May, 2023. 2