Opinion
No. 04-03-00557-CR
Delivered and Filed: October 1, 2003. DO NOT PUBLISH.
Appeal From the 38th Judicial District Court, Medina County, Texas, Trial Court No. 95-01-7396-CR, Honorable Mickey R. Pennington, Judge Presiding. APPEAL DISMISSED
The Honorable Antonio G. Cantu, sitting by assignment, heard the State's petition to revoke probation.
Sitting: Alma L. LOPEZ, Chief Justice, Catherine STONE, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
On April 10, 1995, Raymond Patrick Smith ("Smith") was placed on seven-years deferred adjudication probation for the offense of burglary of a habitation. Smith timely appealed the trial court's judgment adjudicating him guilty and sentencing him to five years incarceration in the Texas Department of Criminal Justice — Institutional Division on May 20, 2003. On September 12, 2003, Smith's appellate counsel filed a motion to dismiss the appeal stating Smith "has decided that he does not want to pursue this appeal." The motion is supported by a letter from Smith to his appellate counsel making this request and is signed by Smith. We grant the motion and dismiss the appeal. See Tex.R.App.P. 42.2(a).