Opinion
10-24-00288-CR
10-24-2024
FRANCISCO GARCIA CARDONA, Appellant v. THE STATE OF TEXAS, Appellee
Do not publish
From the County Court at Law No. 3 Ellis County, Texas Trial Court No. 2310637
Before Chief Justice Gray Justice Johnson, and Justice Smith
MEMORANDUM OPINION
STEVE SMITH, Justice
Appellant, Francisco Garcia Cardona, appealed from his second conviction for driving while intoxicated. See Pen. Code Ann. §§ 49.04, 49.09. On October 8, 2024, Appellant's counsel filed a document entitled "Withdrawal of Notice of Appeal," signed by counsel and Appellant. The document was filed in the trial court and forwarded to this Court by the district clerk. The Rules of Appellate Procedure require an appellant desiring to voluntarily dismiss his appeal to file a written motion to dismiss, signed by both the appellant and his attorney, with the appellate clerk. See Tex. R. App. P. 42.2(a). However, to expedite the disposition of this appeal, we invoke Rule 2 of the Texas Rules of Appellate Procedure to suspend the requirement in Rule 42.2 that the appellant file the motion in this Court. See id. R. 2.
Appellant's motion to dismiss is granted and this appeal is hereby dismissed. Id. R. 42.2(a).
Dismissed