Court of Appeals of Texas, 2016

Shelly Diane Valdez v. State

Court of Appeals of Texas · Decided August 31, 2016

Opinion

IN THE

TENTH COURT OF APPEALS

No. 10-16-00198-CR

SHELLY DIANE VALDEZ,

Appellant v.

THE STATE OF TEXAS,

Appellee

From the County Court at Law No. 1

Johnson County, Texas

Trial Court No. M201501394

MEMORANDUM OPINION

Appellant Shelly Diane Valdez has filed a motion to dismiss this appeal.1 See TEX. R. APP. P. 42.2(a). We have not issued a decision in this appeal, and Valdez personally signed the motion. The motion is granted, and the appeal is dismissed.

We also grant Valdez’s request that “the mandate issue immediately.” The Clerk’s Office is directed to issue the mandate concurrently with the rendering of the judgment.

Valdez’s attorney’s request for an order discharging him as attorney of record is denied without prejudice because it does not comply with Rule 6.5. TEX. R. APP. P. 6.5.

REX D. DAVIS

Justice

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Appeal dismissed

Opinion delivered and filed August 31, 2016

Do not publish [CR25]

Valdez v. State Page 2

1 The motion is entitled “Motion to Withdraw Appeal”; however, in the substance of the motion, Valdez “requests that the cause be dismissed.” We look to the substance of a pleading or motion, not its title, to determine its effect. See Ex parte Caldwell, 58 S.W.3d 127, 130 (Tex. Crim. App. 2000).

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