Opinion
NUMBER 13-20-00284-CR
12-03-2020
EX PARTE FRIEDRICH ALEXANDER HOENINGHAUS IV
On appeal from the 249th District Court of Johnson County, Texas.
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Longoria and Perkes
Memorandum Opinion by Chief Justice Contreras
Appellant Friedrich Alexander Hoeninghaus IV filed a notice of appeal regarding the trial court's denial of appellant's pretrial application for a writ of habeas corpus. We previously abated this appeal for a determination regarding, inter alia, whether the appeal had been abandoned. Appellant has now filed a motion to dismiss his appeal. See TEX. R. APP. P .42.2(a) (allowing appellate courts to dismiss criminal appeals upon the appellant's motion before the appellate court's decision when the attorney and appellant both sign a written motion to dismiss).
The Texas Supreme Court transferred the appeal to this Court from the Tenth Court of Appeals. See TEX. GOV'T CODE ANN. § 73.001 ("The supreme court may order cases transferred from one court of appeals to another at any time that, in the opinion of the supreme court, there is good cause for the transfer.").
We have not yet issued a decision in this case, and both appellant and his attorney have signed the motion to dismiss the appeal. See id. Accordingly, without passing on the merits of the case, we reinstate this appeal, grant appellant's motion to dismiss, and dismiss the appeal. Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.
DORI CONTRERAS
Chief Justice Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 3rd day of December, 2020.