On December 19, 2002, we abated the appeal to the trial court. We received the supplemental clerk's record on January 16, 2003. The appeal is hereby reinstated.

We have before the Court a motion from the appellant, Anthony Leon Summers, to withdraw his appeal pursuant to Tex. R. App. P. 42.2. The motion is signed by appellant personally and by his attorney of record, Bruce N. Smith. No opinion has issued in this appeal.

The motion is GRANTED and the appeal is therefore DISMISSED.

PER CURIAM

Opinion Delivered January 30, 2003

Do Not Publish

Before McKeithen, C.J., Burgess and Gaultney, JJ.