Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-16-00762-CR Burnette Anthony GONZALEZ, Appellant v. The STATE of Texas, Appellee From the County Court at Law No. 11, Bexar County, Texas Trial Court No. 498981 Honorable Tommy Stolhandske, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice Delivered and Filed: January 4, 2017 APPEAL DISMISSED On December 20, 2016, the Bexar County Clerk filed a supplemental clerk’s record that contained copies of (1) appellant’s Motion to Withdraw Notice of Appeal filed in the trial court and (2) the trial court’s order granting the motion. The Texas Rules of Appellate Procedure require that, if an appellant wishes to withdraw her appeal “[a]t any time before the appellate court’s decision, . . . [t]he appellant and . . . her attorney must sign the written motion to dismiss and file it in duplicate with the appellate clerk, who must immediately send the duplicate copy to the trial court clerk.” TEX. R. APP. P. 42.2(a) (emphasis added). Appellant’s attorney did not file the 04-16-00762-CR

motion with this court. Nevertheless, because the motion is signed by both appellant and her attorney, we will treat the motion as having been filed in this court.

We grant the motion and dismiss the appeal.

PER CURIAM

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