Santos Elias Gonzales v. State

• Court: Court of Appeals of Texas
• Decided: April 30, 2009
• Docket: 14-09-00310-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed April 30, 2009

Dismissed and Memorandum Opinion filed April 30, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00310-CR

SANTOS ELIAS GONZALES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 176th District Court

Harris County, Texas

Trial Court Cause No. 1177377

M E M O R A N D U M   O P I N I O N

A written request to withdraw the notice of appeal, personally signed by appellant, has been filed with this Court.  See Tex. R. App. P. 42.2.  Because this Court has not issued an opinion, we grant appellant=s request.

Accordingly, we order the appeal dismissed.^[1]  We direct the Clerk of the Court to issue the mandate of the Court immediately.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Yates and Frost.

Do Not Publish C Tex. R. App. P. 47.2(b).

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^[1]  Appellant=s motion is entitled AMotion to Abate.@  The proper relief from a request to withdraw a notice of appeal is to dismiss the appeal.  See Tex. R. App. P. 42.2(a).  We look to the substance of a pleading or motion, not its title, to determine its effect.  See Ex parte Caldwell, 58 S.W.3d 127, 130 (Tex. Crim. App. 2000);   Surgitek, Bristol‑Myers Corp. v. Abel, 997 S.W.2d 598, 601 (Tex. 1999).