Deleon, Joe Anthony v. The State of Texas--Appeal from 263rd District Court of Harris County

Dismissed and Memorandum Opinion filed December 2, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00418-CR

____________

JOE ANTHONY DeLEON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 263rd District Court

Harris County, Texas

Trial Court Cause No. 879,457

M E M O R A N D U M O P I N I O N

Appellant entered a plea of guilty to the offense of possession of marijuana. On March 25, 2002 , the trial court deferred a finding of guilty and placed appellant on community supervision for three years, assessed a fine of $500 and imposed other conditions of appellant=s probation. On April 15, 2004, the trial court found appellant violated his probation, adjudicated his guilt, and sentenced him to confinement for ten years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a pro se notice of appeal.

Appellant=s appointed counsel filed a brief in which he concludes the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967), presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978).

On November 23, 2004, a supplemental clerk=s record was filed in this court. The supplemental record contains an order dated October 12, 2004, in which the trial court suspended the sentence imposed on April 15, 2004, and reformed appellant=s punishment to confinement for five years in the Institutional Division of the Texas Department of Criminal Justice. The record further reflects that appellant was released from prison on October 13, 2004.

The supplemental record also contains a written request to withdraw the notice of appeal, personally signed by appellant, filed with the trial court on October 12, 2004. See Tex. R. App. P. 42.2. Because this Court has not delivered an opinion, we construe the motion as having been properly filed with this Court and grant appellant=s request. See Tex. R. App. P. 2.

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 December 2, 2004.

Panel consists of Chief Justice Hedges and Justices Fowler and Seymore.

Do not publish C Tex.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