Smith v. State

Full title: SHANNON DALE SMITH, Appellant, v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Tenth District, Waco

Date published: Nov 16, 2005

No. 10-05-00058-CR (Tex. App. Nov. 16, 2005)

Opinion

No. 10-05-00058-CR

Opinion delivered and filed November 16, 2005. DO NOT PUBLISH.

Appeal fromthe 371st District Court, Tarrant County, Texas, Trial Court No. 0896541D. Appeal dismissed.

Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA.

MEMORANDUM OPINION

TOM GRAY, Chief Justice.

Shannon Dale Smith filed a "motion to withdraw appeal." The motion was filed with and granted by the trial court. We have received a supplemental transcript containing the motion and the trial court's order. Smith has not filed a written withdrawal of his appeal as contemplated by Rule of Appellate Procedure 42.2. See Tex.R.App.P. 42.2(a) (written withdrawal of the notice of appeal must be filed "with the appellate court clerk"). Nevertheless, Smith personally signed the motion to withdraw his appeal. This is a sufficient basis on which to dismiss the appeal. See Hendrix v. State, 86 S.W.3d 762, 763-64 (Tex.App.-Waco 2002, no pet.); TEX. R. APP. 2. Accordingly, Smith's appeal is dismissed.