Paul Y. Guilbeau v. State ( 2005 )

MEMORANDUM OPINION  

No. 04-04-00511-CR

Paul Y. GUILBEAU,

Appellant

v.

The STATE of Texas,

Appellee

From the County Court, Bandera County, Texas

Trial Court No. 8971-04

Honorable Richard A. Evans, Judge Presiding

PER CURIAM

Sitting:            Karen Angelini, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed:   February 9, 2005

APPEAL DISMISSED

            On December 23, 2004, we abated this appeal to the trial court to determine whether appellant desired to prosecute his appeal, whether he is indigent, and whether his counsel had abandoned his appeal. On January 24, 2005, we received findings from the trial court stating that on December 30, 2004, appellant filed a motion to withdraw his appeal in the trial court. On January 11, 2005, both appellant and his counsel appeared before the trial court. The trial court found that appellant no longer desired to prosecute his appeal and had directed his attorney to file the motion to withdraw the appeal.

            Appellant has now filed a motion to dismiss his appeal in this court. We ORDER this appeal reinstated on the docket of this court. Appellant’s motion to dismiss is granted, and this appeal is dismissed. See Tex. R. App. P. 42.2(a).

                                                                                    PER CURIAM

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