Harris v. State

Full title: SHERMAN DURWETT HARRIS, Appellant v. THE STATE OF TEXAS, State

Court: Court of Appeals of Texas, Second District, Fort Worth

Date published: Mar 1, 2007

No. 2-06-431-CR (Tex. App. Mar. 1, 2007)

Opinion

No. 2-06-431-CR.

Delivered March 1, 2007. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b)

Appeal from Criminal District Court No. 2 of Tarrant County.

PANEL D: DAUPHINOT, HOLMAN, and GARDNER, JJ.

MEMORANDUM OPINION ¹

1 See TEX. R. APP. P. 47.4.

PER CURIAM.

Appellant's appointed counsel on appeal has sent us a waiver of appeal signed by Appellant and his trial counsel in open court thirteen days after Appellant was convicted and sentenced and filed his notice of appeal. The waiver specifically provides that Appellant does not want to appeal his conviction and sentence. Liberally construing this document as a motion that substantially complies with rule 42.2(a) of the rules of appellate procedure,² and no decision of this court having been delivered, we grant Appellant's request and dismiss the appeal.³

2 TEX. R. APP. P. 42.2(a).

3 See id.; TEX. R. APP. P. 43.2(f).