Ex Parte David K. Wills

NUMBERS 13-16-00081-CR & 13-16-00124-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

DAVID WILLS

A/K/A DAVID K. WILLS, Appellant, v.

THE STATE OF TEXAS, Appellee.

On appeal from the 214th District Court of Nueces County, Texas.

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Benavides and Perkes Memorandum Opinion Per Curiam

Appellant, David Wills, a/k/a David K. Wills, has filed an unopposed motion to dismiss his interlocutory appeals in appellate cause numbers 13-16-00081-CR and 13- 16-00124-CR asserting that the appeals are moot because the trial court has granted the State’s motion to dismiss the underlying indictment. In a signed attachment, appellant states he agrees with the filing of the motion to dismiss.

We find the motion and attachment together meet the requirement of Texas Rule of Appellate Procedure 42.2(a) that appellant and his attorney must sign a written motion to dismiss the appeal. See TEX. R. APP. P. 42.2(a). 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.

PER CURIAM

Do not publish.

TEX. R. APP. P. 47.2(b).

Delivered and filed the

7th day of July, 2016.