Antonio Philande Nelson v. The State of Texas--Appeal from 188th District Court of Gregg County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-02-00097-CR
______________________________
ANTONIO NELSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 188th Judicial District Court
Gregg County, Texas
Trial Court No. 27486-A
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION

Antonio Nelson has filed an appeal from the revocation of his community supervision on his plea of true. The clerk's record was filed on June 3, 2002. His appellate counsel, Clement Dunn, has informed this Court that Nelson does not desire to pursue this appeal, but that he does desire to continue to pursue another appeal presently pending in this Court. The second appeal is presently at issue before the Court.

In this appeal, after three extensions, the appellant's brief was due on November 18, 2002. No brief has been filed, and counsel has informed this Court that, although Nelson informed him he should not pursue this appeal, Nelson has not returned a signed motion to dismiss the appeal. We conclude from the information provided that Nelson has determined to withdraw his appeal. In the absence of any indication to the contrary, we will act in accordance with the stated desires of the appellant. Tex. R. App. P. 2, 42.2(a).

We dismiss the appeal.

 

Jack Carter

Justice

 

Date Submitted: February 4, 2003

Date Decided: February 5, 2003

 

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