Opinion
13-21-00399-CR
06-23-2022
BUDDY JENE WOOLRIDGE, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. Tex.R.App.P. 47.2(b).
On appeal from the 36th District Court of San Patricio County, Texas.
Before Justices Benavides, Hinojosa, and Silva
MEMORANDUM OPINION
CLARISSA SILVA JUSTICE
This cause is before the Court on appellant's motion to dismiss this appeal. The motion was signed by both counsel and the appellant. We find the motion meets the requirement of Texas Rule of Appellate Procedure 42.2(a) that appellant and attorney must sign a written motion to dismiss the appeal. See Tex. R. App. P. 42.2(a). Without passing on the merits of the case, the motion to dismiss is granted.
Accordingly, the appeal is hereby dismissed, and appellant's motion to withdraw motion for pro se access to appellate record, motion to withdraw appeal, and second motion to withdraw appeal are each denied as moot.
Prior to filing appellant's motion to dismiss, appellant's counsel had filed an Anders brief stating that there are no arguable grounds for appeal. See Anders v. California, 386 U.S. 738 (1967). In accordance with Anders, appellant's counsel has asked this Court for permission to withdraw as counsel. See Anders, 386 U.S. at 744; see also In re Schulman, 252 S.W.3d 403, 408 n.17 (Tex. Crim. App. 2008) (orig. proceeding).
Due to dismissing the appeal at appellant's request, after the filing of an Anders brief, and the merits not being reached, no motion for rehearing shall be entertained. Furthermore, we grant counsel's motion to withdraw. Within five days from the date of this Court's opinion, counsel is ordered to send a copy of this opinion and this Court's judgment to appellant and to advise him of his right to file a petition for discretionary review. See Tex. R. App. P. 48.4; see also In re Schulman, 252 S.W.3d at 411 n.35; Ex parte Owens, 206 S.W.3d 670, 673 (Tex. Crim. App. 2006).
No substitute counsel will be appointed. Should appellant wish to seek further review of this case by the Texas Court of Criminal Appeals, he must either retain an attorney to file a petition for discretionary review or file a pro se petition for discretionary review. Any petition for discretionary review must be filed within thirty days from the date of either this opinion or the last timely motion for rehearing or timely motion for en banc reconsideration that was overruled by this Court. See Tex. R. App. P. 68.2. Any petition for discretionary review must be filed with the Clerk of the Texas Court of Criminal Appeals. See id. R. 68.3. Any petition for discretionary review should comply with the requirements of Texas Rule of Appellate Procedure 68.4. See id. R. 68.4.