Opinion
No. 14-04-00925-CR
Memorandum Opinion filed October 7, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the County Criminal Court at Law No. 1, Harris County, Texas, Trial Court Cause No. 1227705. Dismissed.
Panel consists of Chief Justice HEDGES and Justices FOWLER and SEYMORE.
MEMORANDUM OPINION
After a jury trial, appellant was convicted of a misdemeanor offense of assault. On July 30, 2004, the trial court sentenced appellant to confinement in the Harris County Jail for one and assessed a $1,000 fine, but suspended the sentence and placed appellant on community supervision for eighteen months. Appellant filed a timely, written notice of appeal. A written request to withdraw the notice of appeal, personally signed by appellant, was filed with the trial court on August 2, 2004. See Tex.R.App.P. 42.2(a) (providing that written withdrawal of notice of appeal must be filed with appellate clerk). The trial court signed an order apparently granting appellant's motion to withdraw his notice of appeal and dismiss the appeal on August 2, 2004. The appeal was assigned to this court and the clerk's record was filed on September 22, 2004. It is within the jurisdiction of the court of appeals, and not the trial court, to rule on matters relating to jurisdiction over appeals. See Campos v. State, 818 S.W.2d 872, 875 (Tex.App.-Houston [14th Dist.] 1991, pet. ref'd). Thus, the trial court does not have jurisdiction to dismiss the appeal. Appellant's motion to withdraw his notice of appeal and dismiss the appeal has now been filed with the clerk of this court as part of the clerk's record. We suspend the operation of rule 42.2 and construe the motion as being properly filed. See TEX. R. APP. P. 2 (permitting suspension of rule's operation to expedite decision or for other good cause). Because this court has not delivered an opinion, we grant appellant's request. Accordingly, we order the appeal dismissed. We direct the clerk of the court to issue the mandate of the court immediately.