IN THE TENTH COURT OF APPEALS No. 10-12-00203-CR BRIAN DAVIS, Appellant v. THE STATE OF TEXAS, Appellee

From the 52nd District Court Coryell County, Texas Trial Court No. FO-11-20641

MEMORANDUM OPINION

Appellant’s counsel has filed a motion to dismiss this appeal. See TEX. R. APP. P. 42.2(a). The supplemental reporter’s record reflects that in a hearing before the trial court on his appointed counsel’s motion to withdraw, Appellant stated that he wished to dismiss his appeal. We have not issued a decision in this appeal. Appellant did not personally sign the motion, but his statement on the record is a sufficient basis on which to dismiss the appeal. See Hendrix v. State, 86 S.W.3d 762, 763-64 (Tex. App.—Waco 2002, no pet.).

The motion is granted, and the appeal is dismissed.

REX D. DAVIS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Dismissed Opinion delivered and filed February 14, 2013 Do not publish [CR25]

Davis v. State Page 2