The opinion
Opinion issued August 6, 2013
In The
Court of Appeals
For The
First District of Texas
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NO. 01-12-01127-CR
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LEROY SAMPLE, JR., Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 337th District Court
Harris County, Texas
Trial Court Case No. 1143626
MEMORANDUM OPINION
Appellant, Leroy Sample, Jr., has filed a “Motion to Waive Direct Appeal,”
stating that he waives his right to appeal. We construe this motion as a motion to
dismiss the appeal. We have not issued a decision in the appeal, and the motion
complies with rule 42.2(a). See TEX. R. APP. P. 42.2(a). Further, although the
motion does not contain a certificate of conference, the motion contains a
certificate of service stating that it was served on the State and has been on file
with the Court for more than 10 days, and the State has not responded or otherwise
expressed opposition to the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2).
Accordingly, we dismiss the appeal. See TEX. R. APP. P. 43.2(f). We
dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Jennings, Brown, and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).
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