Wanda Pineda v. State

• Court: Court of Appeals of Texas
• Decided: December 6, 2007
• Docket: 14-07-00988-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed December 6, 2007

Dismissed and Memorandum Opinion filed December 6, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00988-CR

WANDA PINEDA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court at Law No. 15

Harris County, Texas

Trial Court Cause No. 1480639

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 has been filed with this Court.  See Tex. R. App. P. 42.2.  Because this Court has not delivered an opinion, we grant the request.^[1]

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

PER CURIAM

Judgment rendered and Memorandum Opinion filed December 6, 2007.

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.

Do not publish C Tex. R. App. P. 47.2(b).

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^[1]  Texas Rule of Appellate Procedure 42.2 requires appellant to personally sign a request to withdraw the notice of appeal. Although this motion was not signed by appellant, it was approved by the trial court on November 21, 2007. At that time, the trial court maintained jurisdiction over this case because sentence was imposed on October 29, 2007, and the record has not been filed in this appeal. See Tex. R. App. P. 21.4(a) (permitting motion for new trial to be filed within 30 days after trial court imposes or suspends sentence); Tex. R. App. P. 25.2(g) (suspending proceedings in trial court after record is filed in appellate court). Because the trial court approved withdrawal of the appeal, we suspend the requirement for appellant=s signature on the motion. See Tex. R. App. P. 2 (permitting appellate court to suspend a rule=s operation to expedite a decision or for other good cause).