Opinion issued October 15, 2019
In The
Court of Appeals
For The
First District of Texas
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NO. 01-19-00098-CR
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JARVIS MARQUIS TILLMAN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 185th District Court
Harris County, Texas
Trial Court Case No. 1604096
MEMORANDUM OPINION
Appellant, Jarvis Marquis Tillman, has filed three pro se letter-motions to
dismiss, stating that he would like to dismiss his appeal upon receipt of this letter
and to expedite the mandate. The Court construes the letter-motions filed by
appellant as a motion to dismiss his appeal and to expedite the mandate. See TEX. R.
APP. P. 42.2(a), 18.1(c). Ten days have passed with no response. See TEX. R. APP. P.
10.3(a). No opinion has issued. See TEX. R. APP. P. 42.2(a).
Although appellant’s motion to dismiss is only signed by the pro se appellant
and does not contain a certificate of service or conference, it was filed after
appellant’s appointed counsel filed a motion to withdraw with an Anders brief, both
of which contain counsel’s signature, and after the State filed a waiver of its right to
respond to the Anders brief. See Anders v. California, 386 U.S. 738 (1967). Thus,
construing the various motions together with the State’s waiver, we conclude that
good cause exists to suspend the operation of Rules 10.1, 18.1(a), and 42.2(a) in this
appeal. See TEX. R. APP. P. 2, 10.1(a), 18.1(a), 42.2(a); see also Selph v. State, No.
01-16-00776-CR, 2017 WL 2375788, at *1 (Tex. App.—Houston [1st Dist.] June 1,
2017, no pet.).
Accordingly, we grant appellant’s motion and dismiss this appeal. See TEX.
R. APP. P. 42.2(a), 43.2(f). Further, because the motion to expedite demonstrates
good cause to expedite issuance of the mandate, we grant the motion and direct the
clerk of this Court to issue the mandate immediately. See TEX. R. APP. P. 18.1(c).
We dismiss any other pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Keyes and Countiss.
2
Do not publish. See TEX. R. APP. P. 47.2(b).
3
Jarvis Marquis Tillman v. State
Combined Opinion