IN THE TENTH COURT OF APPEALS No. 10-12-00375-CR MOATH NAIM AL-ADLI, Appellant v. THE STATE OF TEXAS, Appellee

From the County Court at Law No. 1 Brazos County, Texas Trial Court No. 10-01509-CRM-CCL1

MEMORANDUM OPINION

Appellant, Moath Naim Al-Adli, appealed his conviction for the misdemeanor offense of making abusive calls to “9-1-1 service.” See TEX. PENAL CODE ANN. § 42.061(b)(2), (d) (West 2011). On November 13, 2012, appellant’s counsel filed a motion to dismiss the appeal, wherein he stated that he “has conferred with Appellant . . . and client has agreed to and is requesting to withdraw this appeal.” However, this first motion to dismiss was not signed by appellant; as such, we dismissed the motion without prejudice. See TEX. R. APP. P. 42.2(a).

On January 30, 2013, appellant’s counsel filed a second motion to dismiss this appeal. This motion was signed by appellant and his counsel and indicated that appellant “is requesting to withdraw this appeal.”

Appellant’s motion to dismiss is granted, and this appeal is hereby dismissed.1 See id.

AL SCOGGINS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion to dismiss granted; appeal dismissed Opinion delivered and filed February 7, 2013 Do not publish [CR25]

1 All other pending motions are dismissed as moot.

Al-Adli v. State Page 2