Ruben Perez III v. the State of Texas

                         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Do not publish.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.




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