William Ian Campbell v. State ( 2011 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NOS. 02-11-00164-CR
02-11-00165-CR
WILLIAM IAN CAMPBELL APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM CRIMINAL DISTRICT COURT NO. 4 OF TARRANT COUNTY
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MEMORANDUM OPINION1 AND JUDGMENT
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Appellant William Ian Campbell’s appointed counsel has filed a motion to
withdraw as attorney on appeal and a brief supporting that motion in compliance
with Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967). We notified
Appellant of his opportunity to file a pro se response to his appointed counsel’s
1
See Tex. R. App. P. 47.4.
Anders brief. Appellant did not file a response but instead filed a pro se letter
requesting that we dismiss his appeal in the above cause numbers.
We interpret Appellant’s letter as a motion to dismiss his appeal. The
motion was signed by Appellant only and not by his appointed counsel; therefore,
the motion does not comply with rule 42.2(a) of the rules of appellate procedure.
See Tex. R. App. P. 42.2(a). But because Appellant’s appointed counsel has
filed a motion to withdraw and a supporting brief stating that any appeal would be
wholly frivolous and without merit, on our own initiative and for good cause, we
suspend rule 42.2(a)’s requirement that the motion be signed by Appellant’s
attorney. See Tex. R. App. P. 2 (providing that “on its own initiative an appellate
court may—to expedite a decision or for other good cause—suspend a rule’s
operation in a particular case”); Smith v. State, No. 02-07-00029-CR, 2007 WL
1725820, at *1 (Tex. App.—Fort Worth June 14, 2007, no pet.) (mem. op., not
designated for publication).
No decision of this court having been delivered before we received this
motion, we grant the motion and dismiss the appeal.2 See Tex. R. App. P.
42.2(a), 43.2(f).
PER CURIAM
PANEL: WALKER, MCCOY, and MEIER, JJ.
2
Because Campbell has voluntarily dismissed this appeal, we need not
address counsel’s motion to withdraw.
2
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: November 3, 2011
3