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Garcia v. State

Court of Appeals of Texas, Tenth District, Waco
Aug 19, 2009
No. 10-09-00132-CR (Tex. App. Aug. 19, 2009)

Opinion

No. 10-09-00132-CR

Opinion delivered and filed August 19, 2009. DO NOT PUBLISH.

Appealed from the County Court at Law No. 1 Johnson County, Texas, Trial Court No. M200801674. Appeal dismissed.

Before Chief Justice GRAY, Justice REYNA, and Justice DAVIS.


MEMORANDUM OPINION


Appellant George Elias Garcia has filed a motion to dismiss this appeal under Rule of Appellate Procedure 42.2(a). See TEX. R. APP. P. 42.2(a); Crawford v. State, 226 S.W.3d 688, 688 (Tex. App.-Waco 2007, no pet.) (per curiam). We have not issued a decision in this appeal. The Clerk of this Court has sent a duplicate copy to the trial court clerk. Id. Rule 42.2(a) requires an appellant to personally sign the motion. Garcia did not sign the motion. However, he stated on the record that he understood that his appeal would be dismissed as part of a plea agreement with the State, and he stated that he wanted the appeal to be dismissed to effectuate this agreement. These statements provide a sufficient basis on which to dismiss the appeal. See Hendrix v. State, 86 S.W.3d 762, 763-64 (Tex. App.-Waco 2002, no pet.) (per curiam); Conners v. State, 966 S.W.2d 108, 110-11 (Tex. App.-Houston [1st Dist.] 1998, pet. ref'd). Accordingly, the appeal is dismissed.


Summaries of

Garcia v. State

Court of Appeals of Texas, Tenth District, Waco
Aug 19, 2009
No. 10-09-00132-CR (Tex. App. Aug. 19, 2009)
Case details for

Garcia v. State

Case Details

Full title:GEORGE ELIAS GARCIA, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Aug 19, 2009

Citations

No. 10-09-00132-CR (Tex. App. Aug. 19, 2009)