Clarence Hayward v. The State of Texas--Appeal from County Court at Law No 4 of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

Appellant,

v.

THE STATE OF TEXAS,

Appellee.

No. 08-03-00419-CR

Appeal from the

County Court at Law No. 4

of El Paso County, Texas

(TC# 20030C06782)

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.

No opinion has issued in this case. The motion is signed by Appellant and his counsel. The Clerk of this Court has certified that a copy of the motion was mailed to the County Clerk of El Paso County, Texas. 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.

October 16, 2003

______________________________________

RICHARD BARAJAS, Chief Justice

Before Panel No. 4

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

(Do not publish)