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Selph v. State

Court of Appeals For The First District of Texas
Jun 1, 2017
NO. 01-16-00776-CR (Tex. App. Jun. 1, 2017)

Opinion

NO. 01-16-00776-CR

06-01-2017

MELISSA YOUNG SELPH, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from 56th District Court Galveston County, Texas
Trial Court Cause No. 15-CR-1597

MEMORANDUM OPINION

Appellant, Melissa Young Selph, has filed a pro se letter-motion to dismiss, stating that she would like to dismiss her appeal upon receipt of this letter. The Court construes the letter-motion filed by appellant as a motion to dismiss her appeal. See TEX. R. APP. P. 42.2(a).

Although appellant's motion to dismiss is only signed by the pro se appellant and does not contain a certificate of service or conference, it was filed after appellant's appointed counsel filed a motion to withdraw with an Anders brief, which both contain counsel's digital signature, and after the State filed a waiver of its right to respond to the Anders brief. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967). We have not yet issued a decision in this appeal. Thus, construing the two motions together with the State's waiver, we conclude that good cause exists to suspend the operation of Rules 10.1, 10.3, and 42.2(a) in this appeal. See TEX. R. APP. P. 2, 10.1(a)(4), 10.3(a)(2), 42.2(a).

Accordingly, we grant appellant's motion and dismiss this appeal. See TEX. R. APP. P. 42.2(a), 43.2(f). We dismiss any other pending motions as moot.

PER CURIAM Panel consists of Justices Higley, Bland, and Brown. Do not publish. TEX. R. APP. P. 47.2(b).


Summaries of

Selph v. State

Court of Appeals For The First District of Texas
Jun 1, 2017
NO. 01-16-00776-CR (Tex. App. Jun. 1, 2017)
Case details for

Selph v. State

Case Details

Full title:MELISSA YOUNG SELPH, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals For The First District of Texas

Date published: Jun 1, 2017

Citations

NO. 01-16-00776-CR (Tex. App. Jun. 1, 2017)

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P. 2, 10.1(a), 18.1(a), 42.2(a); see also Selph v. State, No. 01-16-00776-CR, 2017 WL 2375788, at *1 (Tex.…