IN THE TENTH COURT OF APPEALS No. 10-08-00356-CR JEREMIAH SMITH, Appellant v. THE STATE OF TEXAS, Appellee

From the 87th District Court Freestone County, Texas Trial Court No. 06-093-CR

MEMORANDUM OPINION

Appellant has filed a motion to dismiss his appeal. See TEX. R. APP. P. 42.2(a).

We have not issued a decision in this appeal. Appellant has not personally signed the motion, as required by Rule 42.2(a), but we previously abated this cause for a hearing in the trial court, where Appellant unequivocally testified that he wanted his appeal dismissed. And in response to our abatement, Appellant filed a pro se motion in the trial court stating that he wanted his appeal dismissed. Accordingly, we implement Rule 2 to suspend the personal signature requirement of Rule 42.2(a).

The appeal is dismissed.

REX D. DAVIS Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis Dismissed Opinion delivered and filed August 12, 2009 Do not publish [CR25]

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