Martinez, Francisco v. State

Opinion issued June 6, 2002



















In The

Court of Appeals

For The

First District of Texas

____________



NO. 01-01-01058-CR

____________



FRANCISCO MARTINEZ, Appellant



V.



THE STATE OF TEXAS, Appellee


On Appeal from the 176th District Court

Harris County, Texas

Trial Court Cause No. 884596




MEMORANDUM OPINION

On May 2, 2002, we abated the above-referenced appeal and directed the trial court to conduct a hearing because neither the reporter's record nor briefs had been filed. On May 16, 2002, appellant's counsel filed a motion to dismiss the appeal. The motion is in writing, signed by appellant.

Accordingly, we order the appeal reinstated. The motion to withdraw appeal is granted. The appeal is dismissed. Tex. R. App. P. 42.2(a).

The clerk of this Court is directed to issue mandate immediately. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Mirabal, Taft, and Smith. (1)

Do not publish. Tex. R. App. P. 47.

1.

The Honorable Jackson B. Smith, Jr., retired Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.