Tyler Ray Roberts v. State

DISMISS; and Opinion Filed December 16, 2016.

S

Court of Appeals

In The

Fifth District of Texas at Dallas

No. 05-16-00837-CR TYLER RAY ROBERTS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 416th Judicial District Court Collin County, Texas Trial Court Cause No. 416-82576-2013

MEMORANDUM OPINION

Before Justices Francis, Fillmore, and Stoddart We reinstate this appeal. On December 7, 2016, we abated this appeal for a hearing and findings on why appellant’s brief had not been filed. On December 14, 2016, appellant filed a motion to dismiss his appeal. Because findings are no longer necessary, we vacate that portion of our December 7 order requiring a hearing and findings.

Appellant has signed the motion to dismiss, and appellant’s counsel has approved it. The Court grants the motion and orders this appeal be dismissed and the decision be certified below for observance. See TEX. R. APP. P. 42.2(a).

PER CURIAM Do Not Publish TEX. R. APP. P. 47 160837F.U05

S Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

TYLER RAY ROBERTS, Appellant On Appeal from the 416th Judicial District

Court, Collin County, Texas. No. 05-16-00837-CR V. Trial Court Cause No. 416-82576-2013.

Opinion delivered by Justice Fillmore, THE STATE OF TEXAS, Appellee Justices Francis and Stoddart participating.

Based on the Court’s opinion of this date, we DISMISS this appeal.

Judgment entered this 16th day of December, 2016.