Richard Krawecki v. State

Opinion

NO. 07-10-0067-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL C

AUGUST 10, 2010

______________________________

RICHARD KRAWECKI, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

_________________________________

FROM THE 320TH DISTRICT COURT OF POTTER COUNTY;

NO. 53,586-D; HONORABLE DON EMERSON, JUDGE

_______________________________

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

MEMORANDUM OPINION

Pending before this Court is Richard Krawecki=s Motion to Dismiss Appeal in

which he moves to withdraw his notice of appeal. As required by Rule 42.2(a) of the

Texas Rules of Appellate Procedure, the motion is signed by Appellant's attorney;

however, it is not signed by Appellant. Notwithstanding the lack of Appellant's

signature, the motion is accompanied by a letter from Appellant to his counsel bearing

his signature expressing his desire to withdraw his appeal. Based on Appellant's clear intention, we apply Rule 2 of the Texas Rules of Appellate Procedure and suspend that

portion of Rule 42.2(a) requiring Appellant's signature on the Motion to Dismiss. No

decision of this Court having been delivered, the motion is granted and the appeal is

dismissed. No motion for rehearing will be entertained and our mandate will issue

forthwith.

Accordingly, the appeal is dismissed.

Patrick A. Pirtle Justice

Do not publish.