Opinion
No. 10-05-00278-CR
Opinion delivered and filed March 1, 2006.
Appeal fromthe Criminal District Court No. 4, Tarrant County, Texas, Trial Court No. 0773010D.
Appeal dismissed.
Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA.
MEMORANDUM OPINION
By order dated November 23, 2005, this Court abated this appeal for a hearing after no appellant's brief was filed and counsel did not respond to a notice from the Clerk of this Court. At the abatement hearing, Clark advised the trial court, after consultation with counsel, that he wished to withdraw the appeal.
Rule of Appellate Procedure 42.2(a) requires "a written withdrawal." Under similar circumstances however, this Court has applied Rule 2 to suspend this requirement and dismiss an appeal in accordance with the appellant's statement on the record. See TEX. R. APP. P. 2; Hendrix v. State, 86 S.W.3d 762, 763-64 (Tex.App.-Waco 2002, no pet.) (per curiam). We do likewise here.
Accordingly, the appeal is dismissed.