Dyllan Chance Godwin v. State

Court of Appeals of Texas·Decided February 20, 2014·No. 14-13-00631-CR·Published

Opinion

Motions Granted; Dismissed; and Memorandum Opinion filed February 20, 2014.

In The

Fourteenth Court of Appeals

NO. 14-13-00631-CR

DYLLAN CHANCE GODWIN, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 208th District Court Harris County, Texas Trial Court Cause No. 1320939

MEMORANDUM OPINION Appellant filed a pro se written request to withdraw his notice of appeal, stating that he no longer wishes to pursue his appeal. Because the motion was not signed by appellant’s appointed counsel as required by Texas Rule of Appellate Procedure 42.2, we requested appellant’s counsel to respond. Appellant’s appointed counsel filed a separate motion, joining appellant’s request to dismiss the appeal. We consider these separate motions to constitute compliance with Rule 42.2. See Tex. R. App. P. 2 (permitting an appellate court to order a different procedure than set out in the appellate rules to expedite a decision or for other good cause). Because this court has not delivered an opinion, we grant appellant’s request.

Accordingly, we order the appeal dismissed. We direct the clerk of the court to issue the mandate of the court immediately.

PER CURIAM

Panel consists of Justices McCally, Busby, and Donovan. Do Not Publish — Tex. R. App. P. 47.2(b).

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