Now comes EVONTA GARRETT, appellant in the above styled and numbered cause, and moves this Court to dismiss this appeal, pursuant to Rule 42.2 of the Texas Rules of Appellate Procedure, and for good cause shows the following:

I.

Procedural Posture

This case is on appeal from the 290th Judicial District Court of Bexar County, Texas. The case below was styled the State of Texas vs. Evonta Garrett, and numbered 2015-CR-8308. Pursuant to a plea agreement, appellant was convicted of Burglary of a Habitation. A sentence of ten (10) years incarceration in the Texas Department of Criminal Justice was assessed on October 27, 2015. Notice of Appeal was filed in the trial court on November 3, 2015. The Clerk's Record was filed in this Court November 10, 2015, and the Reporter's Record was filed on December 1, 2015. Appellant's docketing statement was efiled on November 25, 2015, and accepted by this Court on November30, 2015. No Motion for New Trial was filed.

On November 17, 2015, this Court entered an Order giving Appellant notice that this

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appeal would be dismissed pursuant to rule 25.2(d) of the Texas Rules of Appellate Procedure unless written consent to appeal was obtained from the trial court, and an amended certification showing such right to appeal was filed by December 8, 2015. Appellate deadlines in this matter were also suspended until further notice by this Court. On December 6, 2015, appellant filed a Motion to Extend Time to Respond to Court's Order of November 17, 2015 Suspending Appellate Deadlines, which was received by this Court on December 7, 2015. On December 9, 2015, this Court granted Appellant an extension until December 18, 2015 in which to file his response.

II.

Appellant has discussed this matter and the foregoing circumstances with his attorney, Mr. John Ritenour. As as result of that discussion, and as indicated by their signatures below, Appellant hereby voluntarily requests that this Court dismiss this matter pursuant to Rule 42.2 of the Texas Rules of Appellate Procedure.

WHEREFORE, PREMISES CONSIDERED, appellant prays that this Court grant this Motion To Dismiss Appeal, and for such other and further relief as the Court may deem appropriate.

Respectfully submitted:

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CERTIFICATE OF SERVICE

I hereby certify that on this the $$ day of $$ $P_{\text{S}}$ emmin, 2015 I electronically served a copy of this Appellant's Motion to Dismiss Appeal on the District Attorney for Bexar County, Texas, (ATTN: Appellate Section) by addressing it to Jeanette.Canales@Bexar.org through the Texas efiling system.