Jason Vise v. State ( 2006 )

Opinion issued October 26, 2006  

In The

Court of Appeals

For The  

First District of Texas

____________

NO. 01-03-00884-CR

____________

JASON VISE, Appellant

V.

THE STATE OF TEXAS, Appellee

---

  On Appeal from the 12th Judicial District Court

Walker County, Texas

Trial Court Cause No. 19943

---

MEMORANDUM OPINION

               Because no brief had been filed for appellant, on June 13, 2006 we abated this appeal for the third time and ordered a hearing in the trial court. Among the issues the trial judge was to consider was whether appellant desired to prosecute the appeal.  

               We order the appeal reinstated. Appellant has filed in the trial court a written motion to withdraw the appeal that is included in a supplemental clerk’s record filed with the Clerk of this Court on October 12, 2006. Appellant’s motion to withdraw the appeal is signed by appellant Jason Vise and by his appointed attorney of record Bryan Cantrell.

               Given appellant’s expressed desire to forego pursuit of his appeal, we suspend the operation of Rule 42.2(a), that provides that “ at any time before the appellate court’s decision, the appellate court may dismiss the appeal if the party that appealed withdraws its notice of appeal–– by filing a written withdrawal in duplicate with the appellate court...” We have not yet issued a decision. Accordingly, the appeal is dismissed.

               The clerk of this Court is directed to issue the mandate. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Taft, Keyes, and Hanks.

Do not publish.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