NUMBER 13-23-00416-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG

MIGUEL OSORIO, Appellant, v. THE STATE OF TEXAS, Appellee.

On appeal from the 28th District Court of Nueces County, Texas.

MEMORANDUM OPINION Before Chief Justice Contreras and Justices Benavides and Tijerina Memorandum Opinion by Justice Benavides This cause is before the Court on appellant’s motion to dismiss this appeal. The motion was signed by both counsel and the appellant. We find the motion meets 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).

Accordingly, the cause is reinstated and the motion to dismiss is granted. Without passing on the merits of the case, the appeal is hereby dismissed. Having dismissed the appeal at appellant’s request, no motion for rehearing will be entertained.

GINA M. BENAVIDES Justice Do not publish.

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

Delivered and filed on the 8th day of February, 2024.