COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NOS. 2-02-482-CR
2-02-483-CR
FRANK THOMAS PIRTZ APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM CRIMINAL DISTRICT COURT NO. 3 OF TARRANT COUNTY
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MEMORANDUM OPINION (footnote: 1) AND JUDGMENT
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We have considered appellant’s “Motion To Withdraw And Dismiss The Appeal.” Although appellant has not signed the motion in compliance with rule 42.2(a) of the rules of appellate procedure, appellant stated at an abatement hearing held in the trial court on August 4, 2003, that he no longer wishes to pursue his appeal. Tex. R. App . P. 42.2(a). Because the record of that hearing is before us, we suspend rule 42.2(a)’s requirement that appellant sign the motion to dismiss the appeal. Id.; see Tex. R. App. P. 2. No decision of this court having been delivered before we received this motion, we grant the motion and dismiss the appeal. See Tex. R. App. P. 43.2(f).
PER CURIAM
PANEL D: DAY, LIVINGSTON, and DAUPHINOT, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: October 2, 2003
FOOTNOTES
1:
See Tex. R. App. P. 47.4.