Opinion
No. 14-09-00310-CR
Opinion filed April 30, 2009. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).
On Appeal from the 176th District Court, Harris County, Texas, Trial Court Cause No. 1177377.
Panel consists of Chief Justice HEDGES and Justices YATES and FROST.
MEMORANDUM OPINION
A written request to withdraw the notice of appeal, personally signed by appellant, has been filed with this Court. See Tex. R. App. P. 42.2. Because this Court has not issued 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.
Appellant's motion is entitled "Motion to Abate." The proper relief from a request to withdraw a notice of appeal is to dismiss the appeal. See Tex. R. App. P. 42.2(a). We look to the substance of a pleading or motion, not its title, to determine its effect. See Ex parte Caldwell, 58 S.W.3d 127, 130 (Tex.Crim.App. 2000); Surgitek, Bristol-Myers Corp. v. Abel, 997 S.W.2d 598, 601 (Tex. 1999).