Johnny Dates v. The State of Texas--Appeal from 205th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

JOHNNY DATES,

Appellant,

v.

THE STATE OF TEXAS,

Appellee.

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No. 08-03-00383-CR

Appeal from the

205th District Court

of El Paso County, Texas

(TC#20000D02978)

MEMORANDUM OPINION

Pending before the Court is the appellant=s motion to dismiss this appeal pursuant to Tex. R. App. P. 42.2, which states:

(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.

Appellant has complied with the requirements of Rule 42.2. The Court has considered this cause on the appellant=s motion and concludes the motion should be granted and the appeal should be dismissed. We therefore dismiss the appeal.

SUSAN LARSEN, Justice

October 23, 2003

Before Panel No. 1

Larsen, McClure, and Chew, JJ.

(Do Not Publish)