Opinion
No. 05-03-00122-CR
Opinion Filed October 26, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the Criminal District Court No. 5, Dallas County, Texas, Trial Court Cause No. F02-14132-PL. Appeal Dismissed.
Before Chief Justice THOMAS and Justices FRANCIS and LANG.
MEMORANDUM OPINION
Appellate counsel Allan Fishburn has filed a motion to withdraw as counsel. In his motion, Fishburn moves to withdraw because "[a]ppellant would like to withdraw his notice of appeal." Appellant's signature appears on the motion directly beneath the representation that he desires to withdraw the appeal. We construe the motion as both a motion to withdraw the appeal and a motion to withdraw as counsel. The Court GRANTS Allan Fishburn's motion to withdraw as counsel. We DIRECT the Clerk to remove Mr. Fishburn as appellant's appointed attorney of record. This Court also GRANTS the motion to withdraw the appeal and ORDERS the appeal DISMISSED and that this decision be certified below for observance. See Tex.R.App.P. 42.2(a).