ACCEPTED 08-20-00224-CR 08-20-00224-CR EIGHTH COURT OF APPEALS EL PASO, TEXAS 3/11/2021 12:07 PM ELIZABETH G. FLORES CLERK IN THE EIGHTH DISTRICT COURT OF APPEALS EL PASO COUNTY, TEXAS EX PARTE: MELISSA BUCKLEY FILED IN 8th COURT OF APPEALS EL PASO, TEXAS 3/11/2021 12:07:03 PM Trial Court No. 20190D03405 ELIZABETH G. FLORES Appeal No. 08-20-00224-CR Clerk

APPELLANT'S MOTION TO DISMISS APPEAL

TO THE HONORABLE COURT: Comes now Melissa Buckley, Appellant and Petitioner (below) in the petition for writ of habeas corpus filed at the trial level in cause number 20190D03405.

Appellant moves to dismiss the instant appeal. The underlying case, cause number 20190D03405 is now dismissed; therefore, the instant appeal, 08-20-00224-CR, has been rendered moot. Please see a copy of the order dismissing, attached as exhibit I.

The state does not oppose this motion.

PRAYER: WHEREFORE, PREMISES CONSIDERED, Appellant Melissa Buckley respectfully requests this Court to dismiss the instant appeal.

-1- Ma eKoatz Attorney for Appellant Texas Bar No. 05722300 Myrtle Ave. E1Paso,Texas79901 (915) 235-5330 [email protected]

~ £1/ r· 3/11/M M6lissa Buckley, Appellant-Defendant

Certificate of Service I certify that a copy of the above instrument on this the 11 th day of March, 2021, was sent by email, through an electronic-filing-service provider, to the Hon.

24yct District Court Judge Selena Solis, and Hon. Tom Darnold, Assistant District Attorney, [email protected].

-2- 0JNTHE243rd DISTRICT COURT □ IN THE COUN1Y CRIMJNAL COURT AT LAW NO. □ IN THE COUNTY COURT AT LAW NO.- - - --- OF EL PASO COUNTY, TEXAS ST ATE OF TEXAS vs. NO. 20190D03405 MELISSA BUCKLEY MOTION TO DISMISS TO THE HONORABLE JUDGE OF SAID COURT: NOW, comes the State of Texas by and through her Assistant District Attorney and moves the Cou1t to dismiss the above entitled and numbered cause in which the above referenced Defendant is charged with the offense of Aggravated Perjury for the reason that: I. The evidence is insufficient; 2. The said Defendant was convicted in another case: - - - - - -- - - - 3. __ The complaining witness has requested dismissal; 4. The case has been refiled: 5. ------------------- The case has been 12.45'd into ----------------- 6. __ The evidence has been suppressed or is suppressible; 7. __ The necessary witness(es) cannot be located: 8. __ The said Defendant is a juvenile; 9. The said Defendant died on ! 0. X Other - - - - - - - - - - - - - -- - - - Prosecutorial Discretion

and for the cause would show the comt the following: Respectfully submitted, ~k-a.

Ass~t DistriZney For YVONNE ROSALES Bar ID #24029805

ORDER The above-entitled and numbered cause is hereby dismissed on the foregoing motion for reasons herein above stated. . A f'h l\ j IfJ._v-e,~'L \o ENTERED this the_·_ day of_ \ '_ t _,_______, 20£!._. '7 ,

JUDGE Automated Certificate of eService This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Matthew DeKoatz Bar No. 05722300 [email protected] Envelope ID: 51384509 Status as of 3/11/2021 1:40 PM MST Case Contacts Name BarNumber Email TimestampSubmitted Status TOM DARNOLD [email protected] 3/11/2021 12:07:03 PM SENT

Associated Case Party: MELISSA BUCKLEY Name BarNumber Email TimestampSubmitted Status MATEO DEKOATZ [email protected] 3/11/2021 12:07:03 PM SENT