Shevirski Johnson v. the State of Texas

NUMBER 13-26-00007-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

SHEVIRSKI JOHNSON, Appellant,

v.

THE STATE OF TEXAS, Appellee.

ON APPEAL FROM THE 156TH DISTRICT COURT
OF BEE COUNTY, TEXAS

MEMORANDUM OPINION
Before Justices Silva, Peña, and Fonseca
Memorandum Opinion by Justice Fonseca

This cause is before the Court on appellant’s motion to withdraw appeal. The

motion was not signed by both counsel and appellant, as required for a motion to dismiss

a criminal appeal. See TEX. R. APP. P. 42.2(a). However, based on the trial court’s findings

following abatement and for good cause, we suspend the requirement that the motion be

signed by appellant. See id. R. 2.
On December 8, 2025, appellant filed a notice of appeal attempting to appeal a

judgment of conviction in trial court cause number CR2502056. After appellant failed to

file a brief, we abated the appeal and remanded the matter for the trial court to determine

whether appellant desired to prosecute this appeal, if the appeal had been abandoned,

or whether counsel has abandoned the appeal and denied appellant effective assistance

of counsel. Upon review of the trial court’s findings, it appears appellant does not wish to

prosecute the appeal and that the notice of appeal was mistakenly filed.

Accordingly, the appeal is hereby reinstated, the motion to withdraw appeal is

granted, and, without passing on the merits of the case, the appeal is hereby dismissed.

YSMAEL FONSECA
Justice

Do not publish.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

Delivered and filed on the
7th day of May, 2026.

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