Mike Arthur Hartsell v. State

The Court dismisses this appeal under the very circumstances the rule was designed to prevent dismissal. The rule requires the personal signature of the defendant on the notice of withdrawal of the notice of appeal before we can “voluntarily” dismiss a criminal defendant’s appeal. The applicable rule provides as follows:(a) At any time before the appellate court’s decision, the appellate court may dismiss the appeal if the party that appealed withdraws its notice of appeal— by filing a written withdrawal in duplicate with the appellate clerk, who must immediately send the duplicate copy to…