v.
the State of Texas
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
JOSE HOMERO CEPEDA, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 445th District Court
of Cameron County, Texas.
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Benavides and Tijerina Memorandum Opinion by Justice Benavides
On July 1, 2021, appellant Jose Homero Cepeda filed a notice of appeal from his conviction for theft of property valued at $2,500 or more but less than $30,000, a state jail felony. See TEX. PENAL CODE ANN. § 31.03(e)(4)(A). On June 8, 2022, we abated the appeal and remanded the case to the trial court to resolve a conflict between the record and the trial court’s certification of Cepeda’s right of appeal. See TEX. R. APP. P. 25.2(a)(2).
Cepeda has since filed a motion to dismiss the appeal, signed by Cepeda and his attorney. See id. R. 42.2(a) (providing that, in a criminal case, the appellant has the right to voluntarily and unilaterally dismiss the appeal “[a]t any time before the appellate court’s decision”). Accordingly, we reinstate the appeal, grant Cepeda’s motion, and dismiss the appeal. See id. Having dismissed the appeal at Cepeda’s request, no motion for rehearing will be entertained.
GINA M. BENAVIDES
Justice Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed on the 7th day of July, 2022.