Heath Byron Whiteside v. State

NO. 12-17-00099-CR IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

HEATH BYRON WHITESIDE, § APPEAL FROM THE 18TH APPELLANT V. § JUDICIAL DISTRICT COURT THE STATE OF TEXAS, APPELLEE § JOHNSON COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM

Appellant, Heath Byron Whiteside, has filed a motion to dismiss this appeal. The motion is signed by Appellant’s counsel. Appellant did not sign the motion; however, at a hearing before the trial court on November 29, 2017, Appellant stated under oath that he no longer desires to prosecute this appeal. No decision has been delivered in this appeal. Based on the record of the hearing at which Appellant expressed his desire to dismiss the appeal, we suspend the requirement that Appellant sign the motion to dismiss the appeal. See TEX. R. APP. P. 2, 42.2(a). Accordingly, Appellant’s motion to dismiss is granted, and the appeal is dismissed. See TEX. R. APP. P. 42.2(a).

Opinion delivered December 13, 2017.

Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(DO NOT PUBLISH)

COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT DECEMBER 13, 2017 NO. 12-17-00099-CR HEATH BYRON WHITESIDE, Appellant V. THE STATE OF TEXAS, Appellee Appeal from the 18th District Court of Johnson County, Texas (Tr.Ct.No. F50700)

THIS CAUSE came on to be heard on the motion of the Appellant to dismiss the appeal herein, and the same being considered, it is hereby ORDERED, ADJUDGED and DECREED by this Court that the motion to dismiss be granted and the appeal be dismissed, and that the decision be certified to the court below for observance.

By per curiam opinion.

Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.