NO. 07-03-0550-CR NO. 07-03-0551-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL C SEPTEMBER 2, 2004 ______________________________

SAMUEL BARTHOLOMEW SMIDDY, APPELLANT V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 181ST DISTRICT COURT OF RANDALL COUNTY; NO. 12263-B & 13873-B; HONORABLE JOHN B. BOARD, JUDGE _______________________________ Before JOHNSON, C.J., and QUINN and REAVIS, JJ.

MEMORANDUM OPINION

Pursuant to our order abating these appeals and remanding the causes, the trial court held a hearing to determine whether appellant wished to prosecute his appeals.

During the hearing, appellant affirmatively expressed his intention to no longer pursue the appeals. No decision of this Court having been delivered, we dismiss the appeals. No motions for rehearing will be entertained and our mandates will issue forthwith.1

Accordingly, the appeals are dismissed.

Don H. Reavis Justice Do not publish.

We acknowledge that Rule 42.2(a) of the Texas Rules of Appellate Procedure requires a written withdrawal of a notice of appeal to be filed in duplicate in this Court.

However, appellant’s intention not to pursue his appeals being clear, we apply Rule 2 to suspend the operation of Rule 42.2(a).