IN THE TENTH COURT OF APPEALS No. 10-16-00136-CR MARCUS DEWAYNE MCGEE, Appellant v. THE STATE OF TEXAS, Appellee

From the 85th District Court Brazos County, Texas Trial Court No. 14-02774-CRF-85

MEMORANDUM OPINION

On June 3, 2016, Marcus Dewayne McGee’s counsel filed a motion to dismiss his appeal. See TEX.R.APP.P. 42.2(a). The motion to dismiss is not signed by McGee as contemplated by Rule 42.2. However, McGee’s attorney attached a letter written by McGee which states, “you have my consent to cancel my appeal immediately.” McGee’s clear indication of his desire to abandon the appeal provides a sufficient basis for this Court to dismiss the appeal. See Hendrix v. State, 86 S.W.3d 762 (Tex.App. – Waco 2002, no pet.).

The motion is granted, and the appeal is dismissed.

AL SCOGGINS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion granted; appeal dismissed Opinion delivered and filed June 15, 2016 [CR25]

McGee v. State Page 2