Jacob Wallace v. State ( 2011 )

Motion Granted; Dismissed and Memorandum Opinion filed June 7, 2011.

In The

Fourteenth Court of Appeals

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NO. 14-11-00238-CR

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JACOB WALLACE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 180th District Court

Harris County, Texas

Trial Court Cause No. 1229397

MEMORANDUM OPINION

A written request to withdraw the notice of appeal was filed with this court.  The request was not signed by appellant, however.  See Tex. R. App. P. 42.2 (permitting voluntary dismissal of appeal on written motion signed by appellant and his attorney).  When appellant did not respond to this court’s request to file an amended or supplemental motion containing appellant’s signature, the court abated the appeal and ordered a hearing in the trial court to determine whether appellant desires to prosecute his appeal.  A record of that hearing was filed in this court on May 27, 2011.  At the hearing, appellant confirmed that he desires to withdraw his appeal. 

Based on this record, we suspend the requirement in Rule 42.2 that appellant’s signature be included on the request to withdraw his appeal.  See Tex. R. App. P. 2 (permitting appellate court to modify procedures in the interest of justice or for other good cause).  Because this court has not delivered an opinion, we grant appellant=s request to withdraw his notice of appeal and dismiss the appeal.  Accordingly, we order the appeal reinstated and dismissed.  We direct the clerk of the court to issue the mandate of the court immediately.

PER CURIAM

Panel consists of Justices Frost, Jamison, and McCally.

Do Not Publish — Tex. R. App. P. 47.2(b).