Josie L. Alaniz v. The State of Texas Appeal from 175th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-18-00284-CR Josie L. ALANIZ, Appellant v. The STATE of Texas, Appellee From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2010CR1192 Honorable Catherine Torres-Stahl, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Beth Watkins, Justice Liza A. Rodriguez, Justice Delivered and Filed: April 17, 2019 MOTION TO DISMISS GRANTED; APPEAL DISMISSED On February 12, 2019, counsel filed a motion for voluntary dismissal, stating appellant no longer desires to pursue her appeal. A motion for voluntary dismissal must be signed by the appellant and his or her attorney. TEX. R. APP. P. 42.2(a). Here, the motion filed by counsel lacked a signature from appellant. See id. In lieu of appellant’s signature, counsel attached an affidavit, attesting appellant informed him by telephone that she no longer wishes to pursue the appeal and wants to file a motion to dismiss; however, he has been unable to obtain appellant’s signature on 04-18-00284-CR the motion to dismiss because appellant has missed three office appointments and will not accept his phone calls. On February 22, 2019, we ordered the appeal abated and remanded it to the trial court to determine whether appellant desires to pursue her appeal. See id. R. 38.8(b)(3). On March 22, 2019, the district clerk filed a supplemental clerk’s record containing the trial court’s findings of fact and conclusions of law. The trial court found counsel to be credible and concluded appellant no longer wished to pursue her appeal. Accordingly, we grant the motion to dismiss, reinstate the appeal on this court’s docket, and dismiss the appeal. See id.; TEX. R. APP. P. 42.2(a). PER CURIAM DO NOT PUBLISH -2-