Chace Wilkinson v. State ( 2020 )


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  •                            Fourth Court of Appeals
    San Antonio, Texas
    March 16, 2020
    No. 04-19-00815-CR
    Chace WILKINSON,
    Appellant
    v.
    The STATE of Texas,
    Appellee
    From the 451st Judicial District Court, Kendall County, Texas
    Trial Court No. 6087
    Honorable Kirsten Cohoon, Judge Presiding
    ORDER
    From the limited record before us, it appears that on November 7, 2019, the trial court
    revoked Appellant’s probation and sentenced Appellant to confinement for one year in a State
    jail facility. Appellant timely filed a motion for new trial and a notice of appeal.
    On March 10, 2020, Appellant’s counsel filed a motion to dismiss the appeal which is
    signed by counsel but is not signed by Appellant. Contra TEX. R. APP. P. 42.2(a) (requiring the
    appellant’s signature to authorize a voluntary motion to dismiss).
    Counsel’s motion to dismiss this appeal is DENIED without prejudice to filing a motion
    with the requisite signatures. See 
    id. (“The appellant
    and his or her attorney must sign the
    written motion to dismiss . . . .”); Conners v. State, 
    966 S.W.2d 108
    , 110 (Tex. App.—Houston
    [1st Dist.] 1998, pet. ref’d).
    _________________________________
    Patricia O. Alvarez, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 16th day of March, 2020.
    ___________________________________
    MICHAEL A. CRUZ,
    Clerk of Court
    

Document Info

Docket Number: 04-19-00815-CR

Filed Date: 3/16/2020

Precedential Status: Precedential

Modified Date: 3/17/2020