Raymond Joseph Jaramillo v. State ( 2019 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
________________________
No. 07-19-00160-CR
________________________
RAYMOND JOSEPH JARAMILLO, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 320th District Court
Potter County, Texas
Trial Court No. 56,256-D; Honorable Pamela Cook Sirmon, Presiding
August 19, 2019
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Pending before this court is the Motion for Voluntary Dismissal in Criminal Case of
Appellant, Raymond Joseph Jaramillo, in which he moves to have his notice of appeal
withdrawn and this appeal dismissed. In 2008, Appellant was convicted of aggravated
assault with a deadly weapon,1 sentenced to fifteen years confinement, and assessed a
1 TEX. PENAL CODE ANN. § 22.02(a)(2) (West 2019).
$10,000 fine. We affirmed his conviction in Jaramillo v. State, No. 07-08-00148-CR, 2009
Tex. App. LEXIS 1781, at *16 (Tex. App.—Amarillo Mar. 13, 2009, no pet.) (mem. op.,
not designated for publication). In 2019, Appellant filed a Chapter 64 Motion for
Comparison Testing and a motion for appointment of counsel in the trial court pursuant
to Chapter 64 of the Code of Criminal Procedure. On April 3, 2019, the trial court signed
an Order Denying Defendant’s Motions for Comparison Testing and Appointment of
Counsel. Appellant appealed from the trial court’s order, proceeding pro se.
As required by Rule of Appellate Procedure 42.2(a), the motion to dismiss is signed
by Appellant.2 No decision of this court having been delivered, the motion is granted, and
the appeal is dismissed. No motion for rehearing will be entertained and our mandate will
issue forthwith.
Per Curiam
Do not publish.
2 In his motion to dismiss, Appellant requests leave to file a petition for writ of mandamus concerning
the same subject matter as his appeal. He has filed the petition with this court. As leave of court is not
required to commence an original proceeding under Rule of Appellate Procedure 52, his petition for writ of
mandamus has been filed and is pending in cause number 07-19-00287-CV, In re Raymond Joseph
Jamarillo, Relator.
2