Renoir Donyale Warner v. State ( 2006 )

Dismissed and Memorandum Opinion filed February 23, 2006

Dismissed and Memorandum Opinion filed February 23, 2006.

In The

Fourteenth Court of Appeals

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NO. 14-05-01249-CR

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RENOIR DONYALE WARNER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 228th District Court

Harris County, Texas

Trial Court Cause No. 1018393

M E M O R A N D U M   O P I N I O N

Appellant entered a plea of guilty, without an agreed recommendation as to punishment,  to driving while intoxicated.  On January 26, 2006, this Court abated the appeal and ordered a hearing to determine whether appellant was indigent and entitled to appointed counsel on appeal.  On February 2, 2006, the trial court conducted the hearing, and the record of the hearing was filed in this court on February 14, 2006.

At the hearing, appellant, who was represented by trial counsel, testified that he wished to withdraw his notice of appeal.  Appellant has not filed a written request to withdraw the notice of appeal, however.  See Tex. R. App. P. 42.2.  Based upon the record from the abatement hearing, we find good cause exists to suspend the requirement for a written motion.  See Tex. R. App. P. 2.  Because this Court has not delivered an opinion, we grant appellant=s request to withdraw his notice of appeal.

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 23, 2006.

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

Do not publish C Tex.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