NUMBER 13-22-00505-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG ____________________________________________________________ JUAN GARCIA CERVANTES A/K/A JUAN CERVANTES, Appellant, v. THE STATE OF TEXAS, Appellee. ____________________________________________________________ On appeal from the 92nd District Court of Hidalgo County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Justices Benavides, Tijerina, and Peña Memorandum Opinion by Justice Tijerina This cause is before the court on appellant’s motion to dismiss this appeal which indicates appellant had waived his right to appeal and has no right to appeal. Counsel for appellant signed the motion, and the appellant signed an attached affidavit. We find the motion and affidavit together meet the requirement of Texas Rule of Appellate Procedure 42.2(a) that appellant and attorney must sign a written motion to dismiss the appeal. See TEX. R. APP. P. 42.2(a). Without passing on the merits of the case, we grant the motion to dismiss and dismiss the appeal.

Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained.

JAIME TIJERINA Justice

Do not publish.

TEX. R. APP. P. 47.2(b).

Delivered and filed the 9th day of February, 2023.