George Elias Garcia v. State

IN THE TENTH COURT OF APPEALS

No. 10-09-00132-CR

GEORGE ELIAS GARCIA, Appellant v.

THE STATE OF TEXAS, Appellee

From the County Court at Law No. 1 Johnson County, Texas Trial Court No. M200801674

MEMORANDUM OPINION

Appellant George Elias Garcia has filed a motion to dismiss this appeal under Rule of Appellate Procedure 42.2(a). See TEX. R. APP. P. 42.2(a); Crawford v. State, 226 S.W.3d 688, 688 (Tex. App.CWaco 2007, no pet.) (per curiam). We have not issued a decision in this appeal. The Clerk of this Court has sent a duplicate copy to the trial court clerk. Id.

Rule 42.2(a) requires an appellant to personally sign the motion. Garcia did not sign the motion. However, he stated on the record that he understood that his appeal would be dismissed as part of a plea agreement with the State, and he stated that he wanted the appeal to be dismissed to effectuate this agreement. These statements provide a sufficient basis on which to dismiss the appeal. See Hendrix v. State, 86 S.W.3d 762, 763-64 (Tex. App.—Waco 2002, no pet.) (per curiam); Conners v. State, 966 S.W.2d 108, 110-11 (Tex. App.—Houston [1st Dist.] 1998, pet. ref’d).

Accordingly, the appeal is dismissed.

FELIPE REYNA Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis Appeal dismissed Opinion delivered and filed August 19, 2009 Do not publish [CR25]

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