Thomas Eugene Sudds v. The State of Texas--Appeal from 274th Judicial District Court of Guadalupe County

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i i i i i i MEMORANDUM OPINION No. 04-09-00764-CR Thomas Eugene SUDDS, Appellant v. The STATE of Texas, Appellee From the 274th Judicial District Court, Guadalupe County, Texas Trial Court No. 05-1981-CR Honorable Gary L. Steel, Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Delivered and Filed: February 17, 2010 DISMISSED On January 27, 2010, appellant s court-appointed attorney filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), in which he asserted there are no meritorious issues to raise on appeal. Counsel informed appellant of his right to file his own brief. Nichols v. State, 954 S.W.2d 83, 85 (Tex. App. San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App. San Antonio 1996, no pet.). On February 1, 2010, we issued an order informing appellant that 04-09-00764-CR if he wished to file a pro se brief, he must do so within sixty days. See Bruns, 924 S.W.2d at 177 n.1. In response, appellant has filed a motion to dismiss this appeal. We grant the motion and dismiss this appeal. See TEX . R. APP . P. 42.2(a). PER CURIAM DO NOT PUBLISH -2-

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