Clyde Lavon Smith v. State ( 2002 )

NO. 07-01-0421-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
MARCH 12, 2002
______________________________
CLYDE LAVON SMITH, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 263RD DISTRICT COURT OF HARRIS COUNTY;
NO. 847862; HONORABLE JIM WALLACE, JUDGE
_______________________________
Before BOYD, C.J., and REAVIS and JOHNSON, JJ.
Pending before this Court is appellant’s pro se request to withdraw his notice of
appeal. Rule 42.2(a) of the Texas Rules of Appellate Procedure provides that an appeal
may be dismissed if appellant withdraws his notice of appeal by signed motion
accompanied by the signature of his attorney. However, where appellant is proceeding
pro se, we apply Rule 2 of the Texas Rules of Appellate Procedure to suspend the
requirement that appellant’s request be accompanied by his attorney’s signature. See
Rodriguez v. State, 970 S.W.2d 133, 135 (Tex.App.--Amarillo 1998, pet. ref’d). An
accused has the ultimate authority to make certain fundamental decisions regarding his
case, including whether to prosecute an appeal. See Conners v. State, 966 S.W.2d 108
(Tex.App.--Houston [1st Dist.] 1998, pet. ref’d), citing Jones v. Barnes, 463 U.S. 745, 103
S. Ct. 3308, 77 L. Ed. 2d 987 (1983). Thus, we suspend the operation of Rule 42.2(a) in this
case and dismiss the appeal based upon appellant’s request to withdraw his notice of
appeal. No decision of this Court having been delivered, we dismiss the appeal and no
motion for rehearing will be entertained and our mandate will issue forthwith.
Accordingly, the appeal is dismissed.
Don H. Reavis
Justice
Do not publish.
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