Joe Salazar v. State
Opinion
NO. 07-07-0432-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
DECEMBER 14, 2007
______________________________
JOE CHRISTIAN SALAZAR,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 251ST DISTRICT COURT OF POTTER COUNTY;
NO. 55146-C; HON. ANA ESTEVEZ, PRESIDING
_______________________________
Abatement and Remand
_______________________________
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Joe Christian Salazar (appellant) filed a notice of appeal from his conviction for burglary of a building on October 19, 2007. On October 11, 2007, the trial court filed its certification representing that appellant has the right of appeal. However, the appellate record reflects that appellant failed to sign the certification pursuant to Texas Rule of Appellate Procedure 25.2(d) which requires the certification to be signed by appellant and a copy served on him.
Consequently, we abate the appeal and remand the cause to the 251st District Court of Potter County (trial court) for further proceedings. Upon remand, the trial court shall take such action necessary to secure and file with this court a certificate of right to appeal that complies with Texas Rule of Appellate Procedure 25.2(d) by January 14, 2008. Should additional time be needed to perform these tasks, the trial court may request same on or before January 14, 2008.
It is so ordered.
Per Curiam
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NO. 07-10-00479-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
JULY 26, 2011
CHRIS ALLEN MCLAIN, APPELLANT
v.
THE STATE OF TEXAS, APPELLEE
FROM THE 242ND DISTRICT COURT OF HALE COUNTY;
NO. A18122-0908; HONORABLE EDWARD LEE SELF, JUDGE
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
ON MOTION TO DISMISS
Appellant, Chris Allen McLain, filed Notice of Appeal to appeal a judgment of conviction for the offense of possession of a controlled substance entered after revocation of appellants community supervision, and sentence of four years incarceration. Appellants appointed counsel filed an Anders brief and motion to withdraw. However, appellant has now filed a motion to dismiss his appeal.
Because the motion meets the requirements of Texas Rule of Appellate Procedure 42.2(a) and this Court has not delivered its decision prior to receiving it, the motion is hereby granted and the appeal is dismissed. Having dismissed the appeal at appellant=s request, no motion for rehearing will be entertained and our mandate will issue.
Mackey K. Hancock
Justice
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