Leroy Edward Janecka, Jr. v. State ( 2015 )

ACCEPTED 01-15-00700-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 11/16/2015 12:31:53 AM CHRISTOPHER PRINE CLERK No. 01-15-00700-CR FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS IN THE FIRST COURT OF APPEALS 11/16/2015 12:31:53 AM AT HOUSTON, TEXAS CHRISTOPHER A. PRINE Clerk LEROY EDWARD JANECKA, JR. Defendant- Appellant vs. THE STATE OF TEXAS Plaintiff- Appellee On Appeal from the Second 25th District Cout1 of Colorado County, Texas Hon. Michael McCormick Presiding Trial Cout1 Cause No. 15-042-CR APPELLANT'S CORRECTED MOTION TO DISMISS APPEAL TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS: Appellant Leroy Edward Janecka, Jr. files this corrected motion to dismiss appeal, and in support thereof respectfully states as follows: Appellant wishes to dismiss this appeal because he has entered into a plea agreement in Trial Cout1 Cause No. 15-096-CR, State v. Leroy Edward Janecka , with the agreement being that No. 15-096-CR would be dismissed if this appeal was dismissed. Mr. Janecka has consulted with his attorney on appeal in this case, and with the Colorado County Public Defender's Office, which represents him in the case just referenced. Attached to this motion is the November 2, 2015 letter from the Colorado County Public Attorney's Office addressed to this writer discussing that agreement, which is signed by both Mr. Janecka and his trial counsel in No. 15-096-CR. Accordingly, appellant Leroy Edward Janecka, Jr. asks this court to dismiss this appeal. Pursuant to Tex. R. App. P. 42.2(a), appellant has signed this motion indicating he wishes to have this appeal dismissed. WHEREFORE, PREMISES CONSIDERED, appellant Leroy Edward Janecka, Jr. respectfully prays that this court grant this motion and dismiss the appeal. mitted, LEROY EDWARD JANECKA, JR. and GREGORY SHERWOOD ATTORNEY P.O. Box 200613 Austin, Texas 78720-0613 (512) 484-9029 Texas Bar No. 18254600 Court-Appointed Attorney on Appeal for appellant Leroy Edward Janecka, Jr. 2 CERTIFICATE OF SERVICE I hereby ce1iify that this document was served by first class U.S. mail upon the attorney representing the State in this appeal, County Attorney Jay E. Johannes, Colorado County Attorney's Office, Colorado County Coutihouse, 400 Spring, Room 204, Columbus, Texas 78934, and upon the attorney representing appellant in Trial Court No. 15-096-CR, Louis A. Gimbert, Colorado County Public Defender's Oftice, 400 Spring Street, Suite 102, Columbus, Texas 78934, on November 16,2015. Certification of Word Count Compliance According to the WordPerfect program used to create this document, there are 3 79 words in this document. 3 COLORADO COUNTY OFFICE OF THE PUBLIC DEFENDER 400 SPRING STEET; SUITE 102 COLUMBUS, TEXAS 78934 PUBLIC DEFENDER TELEPHONE K. S. " GATOR" DUNN (979) 732-9425 ASSISTANT PUBLIC DEFENDER FACSIMILE LOUIS A. GIMBERT (979)732-2934 November 2, 2015 Law Office of Gregory Sherwood State and Federal Appeals in Texas PO Box 200613 Austin, Texas 78720 Re : State of Texas v. Leroy Janecka, Jr.; Cause No. 15-096 Mr. Sherwood : I represent Leroy Janecka, Jr. for a charge of Manufacture I Delivery of a Controlled Substance in Penalty Group 1, between 4 and 200 grams, in Cause No . 15-096 . As I understand, Mr. Janecka was already convicted in several counts of CR 15-042, and has filed a notice of appeal under that cause number. Mr. Janecka has reached an agreement with the Colorado County Attorney's office to abandon his appeal of his convictions under cause number CR 15-042 . In return, Mr. Johannes has agreed to dismiss Cause No. 15-096 . If you would please file the necessary paperwork to dismiss the appeal on Mr. Janecka's behalf, I would greatly appreciate your assistance . Upon receipt of conformation of the dismissal of the appeal, I would ask that you forward same to me so I can secure the dismissal of Cause No. 15-096. t;?O.Jiw Louis A. Gimbert Assistant Public Defender