Karen Delores Smith v. State

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN

NO. 3-94-473-CR

KAREN DELORES SMITH,

APPELLANT

vs.

THE STATE OF TEXAS,

APPELLEE

FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT

NO. 44,316, HONORABLE JOE CARROLL, JUDGE PRESIDING

PER CURIAM

This is an appeal from an order deferring adjudication and placing appellant on probation. The underlying offense is theft.

Counsel for appellant has filed a motion to withdraw notice of appeal. The motion is not signed by appellant as required by rule. Tex. R. App. P. 59(b). Attached to the motion, however, is a signed, hand-written letter from appellant to counsel stating, "At this time I don't wish to appeal my case." The letter is dated September 4, 1994, one month after appellant was placed on probation. In the motion, counsel states that appellant has twice failed to sign and return motions to withdraw appeal sent to her by counsel. Counsel further states that appellant has never retracted her statement that she does not wish to appeal.

Under the circumstances presented, we find that the letter from appellant to counsel is an adequate demonstration of her desire to withdraw notice of appeal. The motion to withdraw notice of appeal is granted.

The appeal is dismissed.

Before Justices Powers, Aboussie and B. A. Smith

Appeal Dismissed on Appellant's Motion

Filed: November 2, 1994

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