Marcus Dewayne McGee v. The State of Texas Appeal from 85th District Court of Brazos County (memorandum opinion )
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IN THE TENTH COURT OF APPEALS No. 10-16-00136-CR MARCUS DEWAYNE MCGEE, Appellant v. THE STATE OF TEXAS, Appellee From the 85th District Court Brazos County, Texas Trial Court No. 14-02774-CRF-85 MEMORANDUM OPINION On June 3, 2016, Marcus Dewayne McGee’s counsel filed a motion to dismiss his appeal. See TEX.R.APP.P. 42.2(a). The motion to dismiss is not signed by McGee as contemplated by Rule 42.2. However, McGee’s attorney attached a letter written by McGee which states, “you have my consent to cancel my appeal immediately.” McGee’s clear indication of his desire to abandon the appeal provides a sufficient basis for this Court to dismiss the appeal. See Hendrix v. State, 86 S.W.3d 762 (Tex.App. – Waco 2002, no pet.). The motion is granted, and the appeal is dismissed. AL SCOGGINS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion granted; appeal dismissed Opinion delivered and filed June 15, 2016 [CR25] McGee v. State Page 2
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