COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-16-00174-CR
ANTONIO NEGRETE MONJARAS APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 213TH DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 1174202D
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MEMORANDUM OPINION1 AND JUDGMENT
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We have considered appellant’s “Motion To Dismiss Appeal.” His counsel
states that appellant “has been released from custody and was immediately
deported to Mexico” and that he “stated to counsel via telephone that he no
longer desires to pursue the appeal.” Appellant has not signed the motion in
compliance with rule 42.2(a) of the rules of appellate procedure, but his counsel
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See Tex. R. App. P. 47.4.
signed an affidavit indicating “that all of the allegations of fact contained [in the
motion to dismiss appeal] are true and correct.” Tex. R. App. P. 42.2(a). We
suspend rule 42.2(a)’s requirement that appellant sign the motion to dismiss the
appeal. See id.; see also Tex. R. App. P. 2. No decision of this court having
been delivered before we received this motion, we grant the motion and dismiss
the appeal. See Tex. R. App. P. 43.2(f).
PER CURIAM
PANEL: MEIER, GABRIEL, and SUDDERTH, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: June 23, 2016
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