Opinion
13-21-00207-CR
07-07-2022
JOSE HOMERO CEPEDA, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
On appeal from the 445th District Court of Cameron County, Texas.
Before Chief Justice Contreras and Justices Benavides and Tijerina
MEMORANDUM OPINION
GINA M. BENAVIDES Justice
On July 1, 2021, appellant Jose Homero Cepeda filed a notice of appeal from his conviction for theft of property valued at $2,500 or more but less than $30,000, a state jail felony. See Tex. Penal Code Ann. § 31.03(e)(4)(A). On June 8, 2022, we abated the appeal and remanded the case to the trial court to resolve a conflict between the record and the trial court's certification of Cepeda's right of appeal. See Tex. R. App. P. 25.2(a)(2).
Cepeda has since filed a motion to dismiss the appeal, signed by Cepeda and his attorney. See id. R. 42.2(a) (providing that, in a criminal case, the appellant has the right to voluntarily and unilaterally dismiss the appeal "[a]t any time before the appellate court's decision"). Accordingly, we reinstate the appeal, grant Cepeda's motion, and dismiss the appeal. See id. Having dismissed the appeal at Cepeda's request, no motion for rehearing will be entertained.