Marvin August Joanis, IV v. the State of Texas

CourtListener 10614600Txctapp11Jun 19, 2025

Full text

Opinion filed June 19, 2025

In The

Eleventh Court of Appeals
___________

No. 11-25-00147-CR
___________

MARVIN AUGUST JOANIS, IV, Appellant
V.
THE STATE OF TEXAS, Appellee

On Appeal from the 142nd District Court
Midland County, Texas
Trial Court Cause No. CR58526

MEMORANDUM OPINION
Appellant filed a notice of appeal from the trial court’s judgment revoking his
community supervision. The trial court’s initial certification of Appellant’s right of
appeal stated that this “is not a plea-bargain case” and that Appellant had the right
of appeal. The trial court, along with Appellant and Appellant’s trial counsel,
subsequently signed an amended certification stating that Appellant “has waived
the right of appeal, pursuant to [a] plea bargain in CR60,503.” See TEX. R.
APP. P. 25.2(d), (f). We requested a response from Appellant’s counsel regarding the
trial court’s amended certification. In response, Appellant filed a motion to dismiss
the appeal. In the motion, Appellant states that, after consulting with his counsel,
Appellant “wishes to withdraw this appeal.” See TEX. R. APP. P. 42.2(a). The motion
is signed by Appellant and Appellant’s counsel in compliance with Rule 42.2(a) of
the Texas Rules of Appellate Procedure. See id.
We grant Appellant’s motion and dismiss the appeal. See TEX. R.
APP. P. 25.2(d), 42.2(a).

W. STACY TROTTER
JUSTICE

June 19, 2025
Do not publish. See TEX. R. APP. P. 47.2(b).
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.

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