IN THE
TENTH COURT OF APPEALS
No. 10-17-00117-CR
BRANDON ARRIOLA,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the County Court at Law No. 1
Johnson County, Texas
Trial Court No. M201501918
MEMORANDUM OPINION
Appellant Brandon Arriola has filed a “Motion to Dismiss Appeal” in which he
states that he “respectfully moves this Court to withdraw appellant’s notice of appeal and
dismiss this appeal, pursuant to Rule 42.2 of the Texas Rules of Appellate Procedure.”
We have no authority under Rule of Appellate Procedure 42.2 to “withdraw appellant’s
notice of appeal”; therefore, we construe Arriola’s motion as a motion to voluntarily
dismiss his appeal. See TEX. R. APP. P. 42.2(a). We have not issued a decision in this
appeal, and although Arriola did not personally sign the motion, he did sign a
“verification” that is attached to the motion that states, “I have read the foregoing Motion
to Dismiss Appeal and swear that all of the allegations of fact contained therein are true
and correct.” The motion to dismiss is therefore granted, and this appeal is dismissed.
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Motion granted; appeal dismissed
Opinion delivered and filed May 24, 2017
Do not publish
[CR25]
Arriola v. State Page 2