Opinion
No. 06-03-00109-CR
Date Submitted: September 3, 2003.
Date Decided: September 4, 2003. DO NOT PUBLISH.
On Appeal from the 5th Judicial District Court, Cass County, Texas, Trial Court No. 2002-M-00079.
MEMORANDUM OPINION
Tyrone Londale Talton has filed a notice of appeal under a caption referring to a felony conviction and also a misdemeanor conviction. Counsel Steven Frost contacted this Court, in writing, explaining that the inclusion of the misdemeanor conviction in the caption was a mistake and that the appeal was only from the felony conviction. On June 19, 2003, counsel filed a motion to dismiss the appeal. That motion is signed by counsel, but is not signed by the defendant as required by Tex.R.App.P. 42.2(a). We contacted counsel in an effort to obtain a motion containing Talton's signature. None has been forthcoming. In this instance, because of the nature of this appeal and the pendency of the felony appeal, we find it appropriate to apply Tex.R.App.P. 2 to suspend the operation of Rule 42.2(a), and based on the representations of counsel, we dismiss the appeal. The appeal is dismissed.