Francisco Garcia Cardona v. the State of Texas ( 2024 )

IN THE
TENTH COURT OF APPEALS
No. 10-24-00288-CR
FRANCISCO GARCIA CARDONA,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the County Court at Law No. 3
Ellis County, Texas
Trial Court No. 2310637
MEMORANDUM OPINION
Appellant, Francisco Garcia Cardona, appealed from his second conviction for
driving while intoxicated. See PEN. CODE ANN. §§ 49.04, 49.09. On October 8, 2024,
Appellant's counsel filed a document entitled “Withdrawal of Notice of Appeal,” signed
by counsel and Appellant. The document was filed in the trial court and forwarded to
this Court by the district clerk. The Rules of Appellate Procedure require an appellant
desiring to voluntarily dismiss his appeal to file a written motion to dismiss, signed by
both the appellant and his attorney, with the appellate clerk. See TEX. R. APP. P. 42.2(a).
However, to expedite the disposition of this appeal, we invoke Rule 2 of the Texas Rules
of Appellate Procedure to suspend the requirement in Rule 42.2 that the appellant file the
motion in this Court. See id. R. 2.
Appellant's motion to dismiss is granted and this appeal is hereby dismissed. Id.
R. 42.2(a).
STEVE SMITH
Justice
Before Chief Justice Gray
Justice Johnson, and
Justice Smith
Dismissed
Opinion issued and filed October 24, 2024
Do not publish
[CR25]
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