Patrick Evans v. The State of TexasAppeal from Criminal District Court No. 2 of Tarrant County (memorandum opinion per curiam)

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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-13-00522-CR PATRICK EVANS APPELLANT V. THE STATE OF TEXAS STATE ---------FROM CRIMINAL DISTRICT COURT NO. 2 OF TARRANT COUNTY ---------- MEMORANDUM OPINION 1 ---------A jury convicted Appellant Patrick Evans of capital murder in 2007, and the conviction was affirmed on appeal in 2009. See Evans v. State, No. 08-0700213-CR, 2009 WL 2462538, at *11 (Tex. App. El Paso Aug. 12, 2009, pet. ref d) (not designated for publication). On October 22, 2013, we received Appellant s pro se Notice of Appeal of Recent Motions. In response, we sent a 1 See Tex. R. App. P. 47.4. letter to Appellant advising him of our concern that we lacked jurisdiction over this appeal because it appeared he was attempting to appeal a judgment that had already been affirmed once on appeal. Appellant replied with a letter asking to withdraw his notice of appeal, which we construe as a motion to dismiss the appeal. It is the court s opinion that the motion should be granted; therefore we dismiss the appeal. See Tex. R. App. P. 42.2(a), 43.2(f); Willis v. State, No. 0211-00309-CR, 2011 WL 4345301, at *1 (Tex. App -Fort Worth Sept. 15, 2011, no pet.) (mem. op., not designated for publication). PER CURIAM PANEL: GARDNER, WALKER, and MCCOY, JJ. DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: December 19, 2013 2

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