IN THE
TENTH COURT OF APPEALS
No. 10-12-00307-CR
HEIDI MEIERS,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 18th District Court
Johnson County, Texas
Trial Court No. F35146
MEMORANDUM OPINION
Heidi Meiers was convicted of criminal non-support. TEX. PENAL CODE ANN. §
25.05 (West 2011). We have abated this appeal twice, most recently on May 23, 2013 for
the trial court to determine how to proceed with reference to representation in this
proceeding because Meiers notified this Court that she fired her court appointed
attorney and because her appellate brief was past due.
We received the reporter’s record of a hearing held by the trial court on June 6,
2013 in response to our abatement order. At that hearing, Meiers indicated that she
wanted to withdraw her notice of appeal. Meiers was then given time at the end of the
hearing to write a statement indicating her wish to withdraw her notice of appeal
which, according to her counsel, would be attached to his motion to dismiss the appeal
filed with this Court. We have now received a motion to dismiss with an attached
signed statement by Meiers indicating she no longer wishes to pursue her appeal.
This appeal is reinstated. We invoke Rule 2 to suspend the requirement in Rule
42.2(a) that the defendant sign the motion. See TEX. R. APP. P. 2, 42.2(a); Hendrix v. State,
86 S.W.3d 762, 762 & n.1 (Tex. App.—Waco 2002, no pet.). Meiers has clearly stated her
desire to dismiss her appeal both on the record and in her written and signed statement
attached to the motion to dismiss. Accordingly, this appeal is dismissed.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed July 11, 2013
Do not publish
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