Court of Appeals of Texas, 2016

Javier Parra-Perea v. State

Court of Appeals of Texas · Decided December 28, 2016

Opinion

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PER CURIAM DO NOT PUBLISH

1 The Honorable Raymond Angelini, retired, sitting by assignment. 2 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)).

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