JUSTIN TYLER WARREN v. THE STATE OF TEXAS (2017)

MEMORANDUM OPINION

Appellant Justin Tyler Warren filed a notice of appeal regarding his judgment of conviction for assault with family violence. See TEX. PEN. CODE ANN. § 22.01 (West, Westlaw through 2015 R.S.).¹ Appellant has now filed a motion to dismiss this appeal pursuant to Texas Rule of Appellate Procedure 42.2. See TEX. R. APP. P. 42.2(a) (allowing an appellate court to dismiss an appeal in a criminal case on the appellant's motion where the motion has been signed by both appellant and his or her attorney). We have not yet issued a decision in this case, and appellant's motion to dismiss complies with the appellate rules. See id.; see also Crawford v. State, 226 S.W.3d 688, 688 (Tex. App.—Waco 2007, no pet.) (per curiam). Accordingly, without passing on the merits of the case, we grant the motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.2(a) and dismiss the appeal. Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

FOOTNOTES

1.   This appeal was transferred to this Court from the Tenth Court of Appeals by order of the Texas Supreme Court. See TEX. GOV'T CODE ANN. § 22.220(a) (West, Westlaw through 2015 R.S.) (delineating the jurisdiction of appellate courts); TEX. GOV'T CODE ANN. § 73.001 (West, Westlaw through 2015 R.S.) (granting the supreme court the authority to transfer cases from one court of appeals to another at any time that there is “good cause” for the transfer).

NELDA V. RODRIGUEZ Justice