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Sergio Cuellar v. State

Court: Court of Appeals of Texas
Date filed: 2015-01-19
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                             NUMBER 13-14-00509-CR

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

SERGIO CUELLAR,                                                              Appellant,

                                            v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

             On appeal from the 156th District Court
                   of Live Oak County, Texas.
____________________________________________________________

                          MEMORANDUM OPINION

     Before Chief Justice Valdez and Justices Rodriguez and Garza
                   Memorandum Opinion Per Curiam

       Counsel for appellant filed a motion to dismiss this appeal on grounds appellant

no longer wishes to pursue his appeal. In a signed affidavit attached to the motion,

appellant states that he has read the motion to dismiss and all of the facts stated therein

are true and correct and within his personal knowledge. 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).   Having dismissed the appeal at appellant's request, no motion for

rehearing will be entertained, and our mandate will issue forthwith.

                                                       PER CURIAM



Do not publish.
TEX. R. APP. P. 47.2(b).

Delivered and filed the
15th day of January, 2015.




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