Raymond Patrick Smith v. The State of Texas--Appeal from 38th Judicial District Court of Medina County

MEMORANDUM OPINION
No. 04-03-00557-CR
Raymond Patrick SMITH,
Appellant
v.
The STATE of Texas,
Appellee
From the 38th Judicial District Court, Medina County, Texas
Trial Court No. 95-01-7396-CR
Honorable Mickey R. Pennington, Judge Presiding (1)

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: October 1, 2003

APPEAL DISMISSED

On April 10, 1995, Raymond Patrick Smith ("Smith") was placed on seven-years deferred adjudication probation for the offense of burglary of a habitation. Smith timely appealed the trial court's judgment adjudicating him guilty and sentencing him to five years incarceration in the Texas Department of Criminal Justice - Institutional Division on May 20, 2003. On September 12, 2003, Smith's appellate counsel filed a motion to dismiss the appeal stating Smith "has decided that he does not want to pursue this appeal." The motion is supported by a letter from Smith to his appellate counsel making this request and is signed by Smith. We grant the motion and dismiss the appeal. See Tex. R. App. P. 42.2(a).

PER CURIAM

Do Not Publish

1. The Honorable Antonio G. Cantu, sitting by assignment, heard the State's petition to revoke probation.