Evonta Garrett v. State ( 2015 )

ACCEPTED
04-15-00700-CR
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
12/16/2015 10:33:32 AM
KEITH HOTTLE
CLERK
NO. 04-15-00700-CR
STATE OF TEXAS § IN THE COURT OF APPEALS
FILED IN
VS. § THE FOURTH4th COURT OF APPEALS
SUPREME
SAN ANTONIO, TEXAS
12/16/15 10:33:32 AM
EVONTA GARRETT § JUDICIAL DISTRICT, TEXAS
KEITH E. HOTTLE
Clerk
APPELLANT'S MOTION TO DISMISS APPEAL
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes EVONTA GARRETT, appellant in the above styled and numbered cause,
and moves this Court to dismiss this appeal, pursuant to Rule 42.2 of the Texas Rules of
Appellate Procedure, and for good cause shows the following:
I.
Procedural Posture
This case is on appeal from the 290th Judicial District Court of Bexar County, Texas.
The case below was styled the State of Texas vs. Evonta Garrett, and numbered
2015-CR-8308. Pursuant to a plea agreement, appellant was convicted of Burglary of a
Habitation. A sentence of ten (10) years incarceration in the Texas Department of Criminal
Justice was assessed on October 27, 2015. Notice of Appeal was filed in the trial court on
November 3, 2015. The Clerk's Record was filed in this Court November 10, 2015, and the
Reporter's Record was filed on December 1, 2015. Appellant's docketing statement was
efiled on November 25,2015, and accepted by this Court on November30, 2015. No Motion
for New Trial was filed.
On November 17, 2015, this Court entered an Order giving Appellant notice that this
appeal would be dismissed pursuant to rule 25.2(d) of the Texas Rules of Appellate
Procedure unless written consent to appeal was obtained from the trial court, and an amended
certification showing such right to appeal was filed by December 8, 2015. Appellate
deadlines in this matter were also suspended until further notice by this Court. On December
6,2015, appellant filed a Motion to Extend Time to Respond to Court's Order ofNovember
17, 2015 Suspending Appellate Deadlines, which was received by this Court on December
7, 2015. On December 9, 2015, this Court granted Appellant an extension until December
18, 2015 in which to file his response.
II.
Appellant has discussed this matter and the foregoing circumstances with his attorney,
Mr. John Ritenour. As as result of that discussion, and as indicated by their signatures
below, Appellant hereby voluntarily requests that this Court dismiss this matter pursuant to
Rule 42.2 of the Texas Rules of Appellate Procedure.
WHEREFORE, PREMISES CONSIDERED, appellant prays that this Court grant this
Motion To Dismiss Appeal, and for such other and further relief as the Court may deem
appropriate.
Respectfully submitted:
2
1
EVbNTA GARREtF JOIN R1S!'EN OUR. JR.
TDCJ Number 02031958 St eB No 00794533
Texas Department of Criminal Justice Milam uiktlng, Suite 1716
Garza West Unit 115 E. Travis Street, Suite 1716
4250 Highway 202 San Antonio, TX 78205
Beeville, TX 78102 (210) 222-0125
Fax: (210) 222-2467
Appellant Ritenourlaw@aol.com
Attorney for Appellant
Date: Date:
CERTIFICATE OF SERVICE
I hereby certify that on this the day of , 20151
electronically served a copy of this Appellant's Motion to Dismiss Appeal on the District
Attorney for Bexar County, Texas, (ATTN: Appellate Section) by addressing it to
Jeanette.Canales(21Bexar.org through the Texas efiling system.
IS/JOHN J. RITENOUR, JR.
JOHN J. RITENOUR, JR.
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