                          NUMBER 13-16-00563-CR

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

EZRA WALLACE JOHNSON,                                                    Appellant,

                                         v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

          On appeal from the County Court at Law No. 3
                  of Cameron County, Texas.
____________________________________________________________

                        MEMORANDUM OPINION

   Before Chief Justice Valdez and Justices Longoria and Hinojosa
           Memorandum Opinion by Chief Justice Valdez

      This appeal was abated by this Court on June 30, 2017, because appellant’s brief

had not been filed. This cause is now before the Court because counsel for appellant

has filed an amended motion to dismiss his appeal. Accordingly, this case is hereby

REINSTATED.
       The motion to dismiss appeal contains a signed affidavit of appellant stating that

he no longer wishes to pursue the appeal and wishes for the Court to dismiss his appeal.

We find the motion and affidavit together meet the requirement of Texas Rule of Appellate

Procedure 42.2(a) that appellant and his attorney must sign a written motion to dismiss

the appeal. See TEX. R. APP. P. 42.2(a). Without passing on the merits of the case, we

grant the motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.2(a) and

dismiss the appeal. Having dismissed the appeal at appellant's request, no motion for

rehearing will be entertained, and our mandate will issue forthwith.



                                                       /s/ Rogelio Valdez
                                                       ROGELIO VALDEZ
                                                       Chief Justice

Do not publish.
TEX. R. APP. P. 47.2(b).

Delivered and filed the
3rd day of August, 2017.




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