Opinion
No. 05-15-00357-CR
08-19-2015
JOSHUA LEE DIXON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 380th Judicial District Court Collin County, Texas
Trial Court Cause No. 380-82812-2014
MEMORANDUM OPINION
Before Justices Fillmore, Myers, and Evans
Opinion by Justice Myers
Joshua Lee Dixon was convicted of delivery of methamphetamine in an amount of one gram or more but less than four grams. See TEX. HEALTH & SAFETY CODE ANN. §§ 481.102(6), 481.112(c) (West 2010). Punishment, following the revocation of appellant's community supervision, was assessed at five years' imprisonment. Appellant filed a pro se motion to dismiss the appeal. However, because the motion was not signed by counsel, and counsel did not respond to our letter inquiring about whether he concurred in appellant's decision, we could not grant the motion. See TEX. R. APP. P. 42.2(a) (both appellant and counsel must sign motion to dismiss appeal). Therefore, we ordered the trial court to make findings regarding whether appellant desired to pursue the appeal. We adopted the trial court's finding that appellant does not wish to pursue the appeal and we submitted the appeal without briefs. See TEX. R. APP. P. 38.8(b)(4). Absent briefs, no issues are before us. Finding no fundamental error, we affirm the trial court's judgment.
/Lana Myers/
LANA MYERS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
150357F.U05
JUDGMENT
On Appeal from the 380th Judicial District Court, Collin County, Texas
Trial Court Cause No. 380-82812-2014.
Opinion delivered by Justice Myers, Justices Fillmore and Evans participating.
Based on the Court's opinion of this date, we AFFIRM the trial court's judgment.