Castillo, Reeda Lea v. The State of Texas--Appeal from 161st District Court of Ector County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

REEDA LEA CASTILLO,

Appellant,

v.

THE STATE OF TEXAS,

Appellee.

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No. 08-02-00198-CR

Appeal from the

161st District Court

of Ector County, Texas

(TC# B-29,441)

M E M O R A N D U M O P I N I O N

Pending before the Court is Appellant=s motion to dismiss this appeal pursuant to

Tex. R. App. P. 42.2(a), which states that:

(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 the trial court clerk. An appellant must personally sign the written withdrawal.

Attached to Appellant=s motion to dismiss the appeal is an affidavit signed by Appellant=s attorney and an affidavit signed by Appellant. Both affidavits verify that the allegations of fact in the motion to dismiss the appeal are true and correct. Furthermore, the Clerk of this Court has certified that a copy of the motion to dismiss the appeal was sent to the trial court clerk. Appellant having complied with the requirements of Rule 42.2(a), the Court has considered this cause on Appellant=s motion, and concludes the motion should be granted and the appeal should be dismissed. We therefore dismiss the appeal.

January 16, 2003

RICHARD BARAJAS, Chief Justice

Before Panel No. 4

Barajas, C.J., Larsen, and McClure, JJ.

(Do Not Publish)