IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
OCTOBER 29, 2004
______________________________MICHELLE D. FITZWATER, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 140TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2003-404134; HONORABLE JIM BOB DARNELL, JUDGE
_______________________________
Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.
MEMORANDUM OPINIONPending before this Court is appellant's motion to dismiss her appeal. Appellant and her attorney both have signed the document stating that appellant withdraws her notice of appeal. Tex. R. App. P. 42.2(a). No decision of this Court having been delivered to date, we grant the motion. Accordingly, the appeal is dismissed. No motion for rehearing will be entertained and our mandate will issue forthwith.
James T. Campbell
Justice
Do not publish.
sistent with the record, it was defective. Dears v. State, 154 S.W.3d 610, 614 (Tex.Crim.App. 2005). A request for a corrected certification resulted in the District Clerk forwarding a Trial Court Certification, dated July 13, 2006, indicating no right of appeal, and a letter from the Trial Court confirming that fact.
By letter dated January 4, 2007, this Court notified counsel that the certification indicated no right of appeal and requested a response by January 18, 2007. The Court also noted that failure to file an amended certification showing a right of appeal or failure to provide other grounds for continuing the appeal would result in dismissal. See Tex. R. App. P. 25.2(a)(2) & (d). No response has been filed and no amended certification reflecting a right of appeal has been made a part of the record.
Consequently, this appeal is dismissed.
Patrick A. Pirtle
Justice
Do not publish.