Opinion
No. 10-03-00194-CR.
Opinion delivered and filed February 25, 2004. DO NOT PUBLISH.
Appeal from the 54th District Court, McLennan County, Texas, Trial Court # 2002-161-C. Appeal dismissed.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
Appellant has filed a motion to dismiss this appeal under Rule of Appellate Procedure 42.2(a). See TEX. R. APP. P. 42.2(a); McClain v. State, 17 S.W.3d 310, 311 (Tex. App.-Waco 2000, no pet.) (per curiam). We have not issued a decision in this appeal. Although Appellant did not personally sign the motion, counsel certifies that he discussed the motion with Appellant by telephone and that Appellant agreed to the filing of the motion. The Clerk of this Court has sent a duplicate copy to the trial court clerk. Id. Because Appellant is incarcerated in LaMesa, Texas, we will suspend the requirement that Appellant personally sign the motion in view of counsel's certification that he has reviewed the motion with Appellant and Appellant has agreed to it. Cf. Hendrix v. State, 86 S.W.3d 762, 763-64 (Tex. App.-Waco 2002, no pet.) (mem. op.) (applying Rule 2 to suspend requirement that counsel file written withdrawal of appeal after appellant stated on record in trial court that he desired "to drop the appeal"). Accordingly, the appeal is dismissed.