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Arceneaux v. State

Court of Appeals Fourth Court of Appeals District of Texas San Antonio
Oct 24, 2012
No. 04-12-00587-CR (Tex. App. Oct. 24, 2012)

Opinion

No. 04-12-00587-CR

10-24-2012

Herbert Vince ARCENEAUX, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION


From the 187th Judicial District Court, Bexar County, Texas

Trial Court No. 2011CR4163

Honorable Raymond Angelini, Judge Presiding

PER CURIAM Sitting: Rebecca Simmons, Justice

Steven C. Hilbig, Justice

Marialyn Barnard, Justice
DISMISSED

On October 10, 2012, appellant Herbert Arceneaux's attorney filed a first motion to withdraw appellant's notice of appeal. The motion was signed by appellant's attorney but not by appellant. On October 11, 2012, counsel filed a second motion to withdraw appellant's notice of appeal that was signed by counsel and appellant.

A motion to withdraw a notice of appeal must be signed by the appellant and appellant's counsel. TEX. R. APP. P. 42.2(a); Conners v. State, 966 S.W.2d 108, 110 (Tex. App.—Houston [1st Dist.] 1998, pet. ref'd) ("[T]he signature of an accused's counsel on a motion to dismiss [an] appeal, without the accused's signature, [is] insufficient to grant dismissal."). Appellant's first motion was not signed by appellant and there is no finding in the appellate record that appellant does not want to continue his appeal; appellant's first motion is denied. See TEX. R. APP. P. 42.2(a); Faris v. State, No. 14-09-01041-CR, 2010 WL 3922061, at *1 (Tex. App.—Houston [14th Dist.] Oct. 7, 2010, no pet.) (per curiam) (mem. op., not designated for publication).

Appellant's second motion is granted; this appeal is dismissed. See TEX. R. APP. P. 42.2(a).

PER CURIAM DO NOT PUBLISH


Summaries of

Arceneaux v. State

Court of Appeals Fourth Court of Appeals District of Texas San Antonio
Oct 24, 2012
No. 04-12-00587-CR (Tex. App. Oct. 24, 2012)
Case details for

Arceneaux v. State

Case Details

Full title:Herbert Vince ARCENEAUX, Appellant v. The STATE of Texas, Appellee

Court:Court of Appeals Fourth Court of Appeals District of Texas San Antonio

Date published: Oct 24, 2012

Citations

No. 04-12-00587-CR (Tex. App. Oct. 24, 2012)