Mike Arthur Hartsell v. State

MEMORANDUM OPINION

Appellant’s counsel filed a motion to dismiss this appeal on November 20, 2003. We denied the motion on December 10 because it was not signed by Appellant. See Tex.R.App. P. 42.2(a); McClain v. State, 17 S.W.3d 810, 311 (Tex.App.-Waco 2000, no pet.) (per curiam).

Counsel stated in the motion that Appellant informed the trial court in a post-conviction indigence hearing that he no longer desired to pursue the appeal. In response to our December 10 ruling, Ap*234pellant’s counsel has attempted to obtain Appellant’s signature for the motion. Counsel states in an April 8 letter that…