IN THE

TENTH COURT OF APPEALS

No. 10-04-00246-CR

Sidney Eugene Greer,

                                                                      Appellant

 v.

The State of Texas,

                                                                      Appellee

From the 284th District Court

Montgomery County, Texas

Trial Court # 01-09-06007 CR

          Sidney Eugene Greer filed a notice to withdraw his notice of appeal.  See Tex. R. App. P. 42.2(a).  Greer personally signed the written withdrawal.  Id.

          The unique problem in this case is that Greer is represented by an attorney, and the attorney did not participate in Greer’s decision to withdraw the notice of appeal.  Greer is correct in asserting that the requirement that an appellant’s attorney must sign the withdrawal has been deleted from the rule to remove any implication that the attorney may “veto” the appellant’s decision to withdraw his notice of appeal.  See Tex. R. App. P. 42.2, Notes and Comments.

          In an abundance of caution, the Clerk of this Court notified Greer and his attorney that Greer had filed a withdrawal of his notice of appeal and that a majority of the Court had determined that unless the attorney filed a brief or other response within 21 days showing why the appeal should not be dismissed, the appeal would be dismissed pursuant to Greer’s withdrawal of his notice of appeal.  More than 21 days have passed, and no brief or other response by Greer’s attorney has been received.  Greer, however, sent this Court a letter, again expressing his desire to withdraw his notice of appeal and indicating that he directed his attorney not to respond to our correspondence “so that the appeal may be dismissed.”

          We have not issued a decision in this case.  A copy of Greer’s withdrawal of his notice of appeal has been sent to the trial court clerk.  See Tex. R. App. P. 42.2(a).

          Accordingly, this appeal is dismissed.

                                                                   TOM GRAY

                                                                   Chief Justice

Before Chief Justice Gray,

          Justice Vance, and

          Justice Reyna

Appeal dismissed

Opinion delivered and filed April 27, 2005

Do not publish

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