Michelle Fitzwater v. State

• Court: Court of Appeals of Texas
• Decided: October 29, 2004
• Docket: 07-04-00312-CR
• Status: Published

Opinion

NO. 07-04-0312-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

OCTOBER 29, 2004

______________________________

MICHELLE D. FITZWATER, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

_________________________________

FROM THE 140TH DISTRICT COURT OF LUBBOCK COUNTY;

NO. 2003-404134; HONORABLE JIM BOB DARNELL, JUDGE

_______________________________

Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

Pending before this Court is appellant's motion to dismiss her appeal. Appellant and her attorney both have signed the document stating that appellant withdraws her notice of appeal. Tex. R. App. P. 42.2(a). No decision of this Court having been delivered to date, we grant the motion. Accordingly, the appeal is dismissed. No motion for rehearing will be entertained and our mandate will issue forthwith.

James T. Campbell

Justice

Do not publish.

sistent with the record, it was defective. Dears v. State, 154 S.W.3d 610, 614 (Tex.Crim.App. 2005). A request for a corrected certification resulted in the District Clerk forwarding a Trial Court Certification, dated July 13, 2006, indicating no right of appeal, and a letter from the Trial Court confirming that fact.

By letter dated January 4, 2007, this Court notified counsel that the certification indicated no right of appeal and requested a response by January 18, 2007. The Court also noted that failure to file an amended certification showing a right of appeal or failure to provide other grounds for continuing the appeal would result in dismissal. See Tex. R. App. P. 25.2(a)(2) & (d). No response has been filed and no amended certification reflecting a right of appeal has been made a part of the record.

Consequently, this appeal is dismissed.

Patrick A. Pirtle