Court of Civil Appeals of Texas, 2023

Anthony McCarter v. the State of Texas

Anthony McCarter v. the State of Texas
Court of Civil Appeals of Texas · Decided April 18, 2023

Anthony McCarter v. the State of Texas

Opinion

Opinion issued April 18, 2023

In The Court of Appeals For The First District of Texas ———————————— NO. 01-22-00932-CR ——————————— ANTHONY MCCARTER, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 180th District Court Harris County, Texas Trial Court Case No. 1656406

MEMORANDUM OPINION Appellant, Anthony McCarter, filed a notice of appeal from the trial court’s December 9, 2022 judgment of conviction. Appellant has filed a motion to dismiss his appeal, representing that he “does not wish to continue to prosecute this appeal.”

Appellant and his attorney have signed the motion, and this Court has not issued a decision. See TEX. R. APP. P. 42.2(a). Further, more than ten days have passed, and the State has not expressed opposition to appellant’s motion. See TEX. R. APP. P. 10.3(a)(2).

Accordingly, we grant appellant’s motion and dismiss the appeal. See TEX. R. APP. P. 42.2(a), 43.2(f). We dismiss any other pending motions as moot.

PER CURIAM Panel consists of Justices Landau, Countiss, and Guerra.

Do not publish. TEX. R. APP. P. 47.2(b).

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