Shannon Dale Smith v. State

IN THE

TENTH COURT OF APPEALS

No. 10-05-00058-CR

Shannon Dale Smith,

Appellant

The State of Texas,

Appellee

From the 371st District Court

Tarrant County, Texas

Trial Court No. 0896541D

MEMORANDUM Opinion

Shannon Dale Smith filed a “motion to withdraw appeal.” The motion was filed with and granted by the trial court. We have received a supplemental transcript containing the motion and the trial court’s order.

Smith has not filed a written withdrawal of his appeal as contemplated by Rule of Appellate Procedure 42.2. See Tex. R. App. P. 42.2(a) (written withdrawal of the notice of appeal must be filed “with the appellate court clerk”). Nevertheless, Smith personally signed the motion to withdraw his appeal. This is a sufficient basis on which to dismiss the appeal. See Hendrix v. State, 86 S.W.3d 762, 763-64 (Tex. App.—Waco 2002, no pet.); Tex. R. App. 2.

Accordingly, Smith’s appeal is dismissed.

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Opinion delivered and filed November 16, 2005

Do not publish

[CR25]

p. 2006) (Johnson, J., concurring statement); see also Ex parte Ybarra, 149 S.W.3d 147, 149 (Tex. Crim. App. 2004).

Accordingly, we dismiss this appeal for want of jurisdiction.

PER CURIAM