Opinion
No. 10-16-00136-CR
06-15-2016
MARCUS DEWAYNE MCGEE, Appellant v. THE STATE OF TEXAS, Appellee
From the 85th District Court Brazos County, Texas
Trial Court No. 14-02774-CRF-85
MEMORANDUM OPINION
On June 3, 2016, Marcus Dewayne McGee's counsel filed a motion to dismiss his appeal. See TEX.R.APP.P. 42.2(a). The motion to dismiss is not signed by McGee as contemplated by Rule 42.2. However, McGee's attorney attached a letter written by McGee which states, "you have my consent to cancel my appeal immediately." McGee's clear indication of his desire to abandon the appeal provides a sufficient basis for this Court to dismiss the appeal. See Hendrix v. State, 86 S.W.3d 762 (Tex.App. - Waco 2002, no pet.).
The motion is granted, and the appeal is dismissed.
AL SCOGGINS
Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Motion granted; appeal dismissed
Opinion delivered and filed June 15, 2016
[CR25]