Bailey, LaJuan v. State ( 2004 )

Dismissed and Memorandum Opinion filed February 19, 2004

Dismissed and Memorandum Opinion filed February 19, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-02-00856-CR

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LAJUAN BAILEY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 208th District Court

Harris County, Texas

Trial Court Cause No. 853,402

M E M O R A N D U M   O P I N I O N

No brief has been filed in this appeal.  This court abated the appeal and directed the trial court to conduct a hearing to determine whether appellant wished to continue her appeal, and if so, when appellant=s brief would be filed.  To date, no record from a hearing has been filed with this court. 

Instead, a written request to withdraw the notice of appeal, personally signed by appellant, has been filed.  See Tex. R. App. P. 42.2.^[1] 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

Judgment rendered and Memorandum Opinion filed February 19, 2004.

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

Do Not Publish C Tex.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

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^[1]  Although directed to this court, the motion was filed with the clerk of the court below and then forwarded to this court in a supplemental clerk=s record on February 9, 2004.  Pursuant to the authority granted in Texas Rule of Appellate Procedure 2, we suspend the operation of Texas Rule of Appellate Procedure 42.2 and order that the procedure followed in this case is an acceptable modification of the rule, which is necessary to expedite a decision in this appeal.