Melissa Hernandez v. The State of Texas Appeal from 36th District Court of Aransas County (memorandum opinion)
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NUMBER 13-20-00137-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG MELISSA HERNANDEZ, Appellant, v. THE STATE OF TEXAS, Appellee. On appeal from the 36th District Court of Aransas County, Texas. MEMORANDUM OPINION Before Chief Justice Contreras and Justices Hinojosa and Tijerina Memorandum Opinion by Chief Justice Contreras Appellant Melissa Hernandez filed a notice of appeal from her judgment of conviction for possession of a controlled substance, penalty group one, less than one gram. See TEX. HEALTH & SAFETY CODE ANN. § 481.115. Hernandez has now filed a motion to dismiss her appeal. See TEX. R. APP. P .42.2(a) (allowing appellate courts to dismiss criminal appeals upon the appellant’s motion before the appellate court’s decision when the attorney and appellant both sign a written motion to dismiss). We have not issued an opinion in this case and the motion to dismiss meets the requirements of the appellate rules insofar as it is signed by both appellant and her counsel. See id. Accordingly, without passing on the merits of the case, we grant appellant’s motion to dismiss and we dismiss the appeal. Having dismissed the appeal at appellant’s request, no motion for rehearing will be entertained, and our mandate will issue forthwith. DORI CONTRERAS Chief Justice Do not publish. TEX. R. APP. P. 47.2(b). Delivered and filed on the 11th day of February, 2021. 2
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