Tyisha Michelle Jones v. The State of Texas Appeal from 120th District Court of El Paso County (memorandum opinion)
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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § TYISHA MICHELLE JONES, No. 08-16-00269-CR § Appellant Appeal from the § V. 120th District Court § THE STATE OF TEXAS, of El Paso County, Texas § Appellee. (TC# 20130D06247) § MEMORANDUM OPINION This appeal is before the Court to determine whether it should be dismissed. Rule 42.2(a) permits an appellate court to dismiss a criminal appeal on the appellant’s motion at any time before the court’s decision. TEX.R.APP.P. 42.2(a). Appellant filed a motion to dismiss pursuant to Rule 42.2, but it was not signed by Appellant. Further, the motion indicated that counsel could not locate Appellant. Consequently, the Court denied the motion to dismiss. When the reporter’s record was not filed because Appellant had not made financial arrangements to pay for the record, we referred the matter to the trial court for a hearing. The trial court determined that Appellant did not wish to prosecute the appeal. On our own motion, we have reconsidered Appellant’s motion to dismiss. Based on the record of the hearing and the trial court’s finding that Appellant does not wish to pursue the appeal, we suspend rule 42.2(a)’s requirement that Appellant sign the motion to dismiss the appeal. See TEX.R.APP.P. 2. We grant the motion and dismiss the appeal. July 7, 2017 ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rodriguez, and Palafox, JJ. (Do Not Publish) -2-
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