Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-16-00581-CR Javier PARRA-PEREA, Appellant v. The STATE of Texas, Appellee From the County Court at Law No. 14, Bexar County, Texas Trial Court No. 501025 Honorable Raymond Angelini, Judge Presiding 1 PER CURIAM Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Delivered and Filed: December 28, 2016 MOTION TO DISMISS GRANTED; APPEAL DISMISSED Appellant filed a motion to dismiss this appeal. 2 The motion is granted, and this appeal is dismissed. See TEX. R. APP. P. 42.2(a).

PER CURIAM DO NOT PUBLISH

The Honorable Raymond Angelini, retired, sitting by assignment.

Appellant entitled his motion as a motion to abate. However, the substance of the motion seeks dismissal of the appeal. Accordingly, we construe the motion as a motion to dismiss. See State v. Boyd, 202 S.W.3d 393, 400 (Tex. App.—Dallas 2006, pet. ref’d) (citing Savage v. State, 933 S.W.2d 497, 499 (Tex. Crim. App. 1996); State v. Evans, 843 S.W.2d 576, 577 (Tex. Crim. App. 1992) (en banc)).