Opinion issued August 11, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-16-00056-CR
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ALEX SANANGO, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Criminal Court at Law No. 6
Harris County, Texas
Trial Court Case No. 1947076
MEMORANDUM OPINION
Appellant, Alex Sanango, pleaded guilty to the misdemeanor offense of
driving while intoxicated. In accordance with Sanango’s plea bargain with the State,
the trial court sentenced Sanango on December 3, 2015 to three days in the Harris
County Jail and imposed a fine of $1,000. Sanango filed a timely notice of appeal.
A supplemental clerk’s record has been filed that contains a motion to dismiss
the appeal directed to this Court, but filed in the trial court. The motion, filed by
appellant’s appointed counsel and signed by Sanango, stated that Sanango had
decided to dismiss his appeal freely and voluntarily and with full understanding of
the consequences. The trial court granted the motion by order signed June 28, 2016.
According to Rule 42.2, motions to dismiss an appeal are to be filed in the
appellate court. See TEX. R. APP. P. 42.2(a). The motion filed in the trial court is in
writing and signed by appellant, as the rule requires. See id. The motion was
included in the clerk’s record which is certified as true and correct by the Harris
County District Clerk.
Good cause exists to suspend the operation of Rule 42.2(a) in this case
regarding the requirement that a motion to dismiss be filed with the appellate court
clerk. See TEX. R. APP. P. 2; Garcia v. State, No. 01–02–01218–CR, 2003 WL
321549, at *1 (Tex. App.—Houston [1st Dist.] Feb. 13, 2003, no pet.) (suspending
requirement for motion to dismiss to be filed in appellate court and dismissing appeal
because appellant filed motion to dismiss in trial court and trial court granted it). We
have not issued an opinion in this appeal. See TEX. R. APP. P. 42.2(b).
Accordingly, we grant the motion and dismiss the appeal. TEX. R. APP. P.
43.2(f). Any pending motions are denied as moot. The Clerk of this Court is directed
to issue mandate immediately. See TEX. R. APP. P. 18.1.
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PER CURIAM
Panel consists of Justices Keyes, Brown, and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).
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