Opinion issued February 20, 2003

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-01159-CR

____________

FRANKLIN PIERCE SMITH, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 21st District Court

Burleson County, Texas

Trial Court Cause No. 11,647

MEMORANDUM OPINION

Appellant filed in the district court a pro se motion to withdraw his notice of appeal in the above-referenced case. According to the Texas Rules of Appellate Procedure, a motion to withdraw notice of appeal should be filed in the appellate court. See Tex. R. App. P. 42.2(a).

However, we believe that good cause exists to suspend the operation of Rule 42.2(a) in this case, in accordance with Rule 2, as to that requirement. See Tex. R. App. P. 2. We have not yet issued a decision. Accordingly, the appeal is dismissed.

The Clerk of this Court is directed to issue the mandate immediately. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Hedges, Jennings, and Alcala.

Do not publish.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