Affirmed and Opinion filed March 13, 2008.
In The
Fourteenth Court of Appeals
____________
NO. 14-07-00024-CR
____________
EX PARTE MICHAEL SHAWN MELTON
On Appeal from the 240th District Court
Fort Bend County, Texas
Trial Court Cause No. 45,691
M E M O R A N D U M O P I N I O N
Appellant appeals the trial court=s December 15, 2007, denial of his petition for writ of habeas corpus.
On June 21, 2007, this court ordered a hearing to determine why appellant=s counsel had not filed a brief in this appeal. On August 15, 2007, the court was advised by the trial court that no hearing was held because appellant=s counsel stated that appellant wished to dismiss the appeal and a motion would be filed. On February 19, 2008, appellant=s counsel filed a motion to dismiss that is not in compliance with Rule 42.2(a), which requires the signature of both counsel and appellant. Tex. R. App. P. 42.2(a). Although the court notified counsel of the failure to include appellant=s signature on the motion, no corrected motion to dismiss has been filed.
On the basis of the trial court=s notice that appellant does not wish to pursue the appeal, this court has considered the appeal without briefs. See Tex. R. App. P. 38.8(b).
The case is before us without a reporter=s record or bill of exception.
We find no fundamental error.
Accordingly, the judgment of the trial court is affirmed.
PER CURIAM
Judgment rendered and Opinion filed March 13, 2007.
Panel consists of Justices Yates, Guzman, and Brown.
Do not publish - Tex. R. App. P. 47.2(b).