JUSTIN JOSEPH CAVEY v. THE STATE OF TEXAS (2011)

MEMORANDUM OPINION

On April 9, 2010, Justin Joseph Cavey filed a letter with the Court stating in its entirety:  “This letter is to serve as appellant's notice of withdrawal of the appellant Motion to Appeal on the above styled and referenced case.”   The letter was signed by counsel and by appellant.

Appellant has not initiated any subsequent activity in this case.   By order issued on November 19, 2010, the Court indicated it would construe appellant's letter as a motion for voluntary dismissal of the appeal.   See Tex.R.App. P. 42.2(a).   Appellant has not responded or voiced any objection to treating the letter as a motion to dismiss.

Accordingly, we GRANT the motion and we DISMISS the appeal.   See Tex.R.App. P. 42.2(a).

100270F.U05

PER CURIAM