Patrick Evans v. State

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-13-00522-CR
PATRICK EVANS APPELLANT
V.
THE STATE OF TEXAS STATE
----------
FROM CRIMINAL DISTRICT COURT NO. 2 OF TARRANT COUNTY
----------
MEMORANDUM OPINION 1
----------
A jury convicted Appellant Patrick Evans of capital murder in 2007, and the
conviction was affirmed on appeal in 2009. See Evans v. State, No. 08-07-
00213-CR, 2009 WL 2462538, at *11 (Tex. App.––El Paso Aug. 12, 2009, pet.
ref’d) (not designated for publication). On October 22, 2013, we received
Appellant’s pro se “Notice of Appeal of Recent Motions.” In response, we sent a
1
See Tex. R. App. P. 47.4.
letter to Appellant advising him of our concern that we lacked jurisdiction over
this appeal because it appeared he was attempting to appeal a judgment that
had already been affirmed once on appeal. Appellant replied with a letter asking
to withdraw his notice of appeal, which we construe as a motion to dismiss the
appeal. It is the court’s opinion that the motion should be granted; therefore we
dismiss the appeal. See Tex. R. App. P. 42.2(a), 43.2(f); Willis v. State, No. 02-
11-00309-CR, 2011 WL 4345301, at *1 (Tex. App–-Fort Worth Sept. 15, 2011,
no pet.) (mem. op., not designated for publication).
PER CURIAM
PANEL: GARDNER, WALKER, and MCCOY, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: December 19, 2013
2