Opinion
No. 01-09-00149-CR
Opinion issued May 21, 2009. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
On Appeal from the 230th District Court, Harris County, Texas, Trial Court Cause No. 1172169.
Panel consists of Justices KEYES, HANKS, and BLAND.
MEMORANDUM OPINION
On May 13, 2009, appellant's counsel, Emily Detoto, filed with the Clerk of this Court, a motion to dismiss the above-referenced appeal. See TEX. R. APP. P. 42.2(a). In support of appellant's motion to dismiss his appeal, counsel for appellant states in the motion:
On March 18, 2009, appellant filed a pro se motion to withdraw appeal with the 230th District Court. A copy of said motion was contained in the clerk's record and was forwarded to appellant's appointed counsel on appeal . . . Counsel is therefore filing said motion on appellant's behalf and attaching the appellant's previously submitted pro se motion to dismiss appeal as Exhibit A.Exhibit A is a hand-written notarized document, signed by appellant, and is titled "request to withdraw appeal." The request to withdraw appeal states: I, appellant in the above captioned cause, was convicted of aggravated robbery and gave notice of appeal. I do not wish to further prosecute this appeal and request that the notice of appeal be withdrawn. We have not yet issued a decision. Given appellant's expressed desire to forego pursuit of his appeal of trial court cause number 1172169, we grant the motion and the appeal is dismissed. Any pending motions are denied as moot The Clerk of this Court is directed to issue the mandate within 45 days. TEX. R. APP. P. 18.1.
Exhibit A is also included in the clerk's record for trial court cause number 1172160, on page 110. The clerk's record was filed with the Clerk of this Court on April 3, 2009.