Sir Alex Meyers Randolph 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. 04-19-00654-CR Sir Alex Meyers RANDOLPH, Appellant v. The STATE of Texas, Appellee From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2018CR0281 Honorable Maria Teresa (Tessa) Herr, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Beth Watkins, Justice Liza A. Rodriguez, Justice Delivered and Filed: November 13, 2019 MOTION TO DISMISS GRANTED; APPEAL DISMISSED Appellant Sir Alex Randolph appeals his conviction for compelling prostitution. On October 4, 2019, appellant filed a pro se motion to dismiss the appeal, stating he no longer wishes to pursue this appeal. Rule 42.2(a) of the Texas Rules of Appellate Procedure provides that an appellate court may dismiss an appeal upon appellant’s motion so long as the motion is signed by appellant and his attorney. TEX. R. APP. P. 42.2(a). Although signed by the appellant, the motion is not signed by appellant’s appointed attorney. 04-19-00654-CR On October 11, 2019, we notified appellant’s appointed attorney of our intent to dismiss the appeal unless he demonstrated by October 21, 2019 meritorious grounds for retaining the appeal. No response has been filed. Accordingly, on our own motion and for good cause, we suspend the operation of Rule 42.2(a)’s requirement that a motion to dismiss be signed by both the appellant and his attorney. See id. R. 2.; see also Haste v. State, No. 14-18-00500-CR, 2019 WL 2305753, at *1 (Tex. App.— Houston (14th Dist.) May 30, 2019, no pet.) (per curiam) (suspending Rule 42.2(a) and granting motion to dismiss that was not signed by appellant’s attorney). We therefore grant appellant’s motion and dismiss the appeal. PER CURIAM DO NOT PUBLISH -2-

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