Opinion
No. 08-16-00269-CR
02-06-2017
TYISHA MICHELLE JONES, Appellant, v. THE STATE OF TEXAS, State.
Appeal from the 120 District Court of El Paso County, Texas (TC# 20130D06247) ORDER
On January 31, 2017, Justin B. Underwood, Appellant's retained attorney, filed with this Court a motion for voluntary dismissal of the appeal, but the motion does not contain the Appellant's signature as required by TEX.R.APP.P. 42.2. The motion states that Appellant has moved out of Texas, and Mr. Underwood is unable to locate her. Rule 42.2 does not permit the Court to dismiss the appeal without Appellant's signature on the motion unless the record affirmatively reflects that Appellant no longer wishes to appeal. There is nothing in the record showing that Appellant does not wish to pursue the appeal. Accordingly, the motion to dismiss is DENIED. Further, the Reporter's Record is now due March 8, 2017.
IT IS SO ORDERED this 6 day of February, 2017.
PER CURIAM Before McClure, C.J., Rodriguez and Palafox, JJ.