Carlo Robert Garcia v. State

Opinion

                                                COURT OF APPEALS

                                                 SECOND DISTRICT OF TEXAS

                                                                FORT WORTH

                                                 NO. 2-09-224-CR

CARLO ROBERT GARCIA                                                                 APPELLANT

                                                             V.

THE STATE OF TEXAS                                                                             STATE

                                                       ------------

              FROM THE 396TH DISTRICT COURT OF TARRANT COUNTY

                                      MEMORANDUM OPINION^[1]

Appellant Carlo Robert Garcia=s court-appointed attorney previously filed with this court an Anders brief and a motion to withdraw as counsel of record.  We have now received a letter from Garcia in which he states that it is Ain my best interest and in the best interest of everyone concerned to cease this proceedure [sic] and get on with the process of seeking parole.@  We construe Garcia=s letter as a motion to withdraw his appeal.  The motion complies with rule 42.2(a) of the rules of appellate procedure.  Tex. R. App. P. 42.2(a).  No decision of this court having been delivered before we received this motion, we grant the motion to dismiss the appeal, dismiss the appeal, and deny as moot counsel=s motion to withdraw.  See Tex. R. App. P. 42.2(a), 43.2(f).

SUE WALKER

JUSTICE

PANEL:  WALKER, MCCOY, and MEIER, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED:  May 6, 2010

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^[1]See Tex. R. App. P. 47.4.