Opinion
No. 04-16-00581-CR
12-28-2016
MEMORANDUM OPINION
From the County Court at Law No. 14, Bexar County, Texas
Trial Court No. 501025
Honorable Raymond Angelini, Judge Presiding PER CURIAM Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice MOTION TO DISMISS GRANTED; APPEAL DISMISSED
The Honorable Raymond Angelini, retired, sitting by assignment.
Appellant filed a motion to dismiss this appeal. The motion is granted, and this appeal is dismissed. See TEX. R. APP. P. 42.2(a).
Appellant entitled his motion as a motion to abate. However, the substance of the motion seeks dismissal of the appeal. Accordingly, we construe the motion as a motion to dismiss. See State v. Boyd, 202 S.W.3d 393, 400 (Tex. App.—Dallas 2006, pet. ref'd) (citing Savage v. State, 933 S.W.2d 497, 499 (Tex. Crim. App. 1996); State v. Evans, 843 S.W.2d 576, 577 (Tex. Crim. App. 1992) (en banc)). --------
PER CURIAM DO NOT PUBLISH