Opinion
04-24-00254-CR
08-20-2024
Ramiro Eugenio GONZALEZ, Appellant v. The STATE of Texas, Appellee
From the 229th Judicial District Court, Jim Hogg County, Texas Trial Court No. 21-CRJ-73 Honorable Baldemar Garza, Judge Presiding
ORDER
Beth Watkins, Justice
On July 26, 2024, counsel for appellant filed a motion for voluntary dismissal, requesting that we dismiss the appeal. Texas Rule of Appellate Procedure 42.2(a) requires a motion for voluntary dismissal of a criminal appeal to be signed by both the appellant and his attorney. Tex.R.App.P. 42.2(a). Here, the motion filed by counsel is not signed by appellant. See id. On August 5, 2024, we ordered appellant's appointed counsel to file a motion for voluntary dismissal that complies with Texas Rule of Appellate Procedure 42.2(a) by August 9, 2024. As of the date of this order, appointed counsel has not complied with our August 5 order. We therefore DENY the motion to dismiss without prejudice to refiling.
The clerk's record is now due. If neither the clerk's record nor a motion for voluntary dismissal that complies with Texas Rule of Appellate Procedure 42.2(a) is filed by August 30, 2024, we will order the appeal abated and remand the cause to the trial court for a hearing to determine whether appellant or appointed counsel has abandoned the appeal. See Tex. R. App. P. 38.8(b)(2).
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of August, 2024.