Narrative Opinion Summary
Francisco Candido Hernandez filed a motion to withdraw his appeal in the Court of Appeals for the Second District of Texas. The court reviewed the motion, determined it complied with Texas Rule of Appellate Procedure 42.2(a), and noted that no decision had been issued prior to receiving the motion. Consequently, the court granted the motion and dismissed the appeal in accordance with the relevant procedural rules. The opinion was delivered on September 26, 2013, by a panel consisting of Justices Meier, Livingston, and Gabriel. The decision is not to be published.
Legal Issues Addressed
Dismissal of Appealsubscribe to see similar legal issues
Application: The appeal was dismissed following the granting of the motion to withdraw, aligning with the procedural rules.
Reasoning: Consequently, the court granted the motion and dismissed the appeal in accordance with the relevant procedural rules.
Non-publication of Judicial Opinionsubscribe to see similar legal issues
Application: The decision by the panel of justices was explicitly stated as not to be published.
Reasoning: The decision is not to be published.
Withdrawal of Appeal under Texas Rule of Appellate Procedure 42.2(a)subscribe to see similar legal issues
Application: The court granted the motion to withdraw the appeal after confirming compliance with the procedural requirements, as no decision had been issued prior to the motion.
Reasoning: The court reviewed the motion, determined it complied with Texas Rule of Appellate Procedure 42.2(a), and noted that no decision had been issued prior to receiving the motion.