COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

                                         NOS. 2-02-482-CR

2-02-483-CR

FRANK THOMAS PIRTZ                                                      APPELLANT

V.

THE STATE OF TEXAS                                                                  STATE

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FROM CRIMINAL DISTRICT COURT NO. 3 OF TARRANT COUNTY

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MEMORANDUM OPINION AND JUDGMENT

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        We have considered appellant’s “Motion To Withdraw And Dismiss The Appeal.” Although appellant has not signed the motion in compliance with rule 42.2(a) of the rules of appellate procedure, appellant stated at an abatement hearing held in the trial court on August 4, 2003, that he no longer wishes to pursue his appeal. Tex. R. App. P. 42.2(a). Because the record of that hearing is before us, we suspend rule 42.2(a)’s requirement that appellant sign the motion to dismiss the appeal. Id.; see Tex. R. App. P. 2. No decision of this court having been delivered before we received this motion, we grant the motion and dismiss the appeal. See Tex. R. App. P. 43.2(f).                                                                                                                                                                            

                                                                  PER CURIAM

PANEL D:   DAY, LIVINGSTON, and DAUPHINOT, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: October 2, 2003