Opinion
No. 04-18-00185-CR
04-25-2018
Bernard René VARGAS, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the County Court at Law No. 6, Bexar County, Texas
Trial Court No. 554321
Honorable Wayne A. Christian, Judge Presiding PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice DISMISSED
Appellant Bernard René Vargas chose to represent himself at trial, and he signed a written waiver of his right to counsel. On February 14, 2018, the jury found Appellant guilty of failure to identify while a fugitive from justice, a misdemeanor, and the trial court imposed a $4,000.00 fine, court costs of $282.00, and confinement for one year. Appellant was given credit for time served, approximately five months, and the trial court ordered the sentence executed.
Appellant timely filed a notice of appeal. Court-appointed standby trial counsel filed a motion to withdraw and appoint appellate counsel. The order granting trial counsel's motion to withdraw also states Appellant desires to represent himself on appeal.
On April 11, 2018, Appellant filed a pro se motion to dismiss his appeal. He cited the appropriate rule of appellate procedure for a voluntary dismissal in a criminal case, see TEX. R. APP. P. 42.2, and stated he does not wish to proceed with the appeal. The motion to dismiss is signed by only the appellant. See id.
Rule 42.2 requires a voluntary motion to dismiss to be signed by the appellant and the appellant's attorney. See id. However, because Appellant represented himself at trial and on appeal with the trial court's permission, we conclude Appellant's signature is sufficient to satisfy the requirement.
Appellant's motion is granted; this appeal is dismissed. See id.; Hypolite v. State, 647 S.W.2d 294, 295 (Tex. Crim. App. 1983); Hale v. State, 330 S.W.2d 199, 200 (Tex. Crim. App. 1959); Conners v. State, 966 S.W.2d 108, 110 (Tex. App.—Houston [1st Dist.] 1998, pet. ref'd).
PER CURIAM Do not publish