Rafael Montelongo v. The State of Texas--Appeal from 227th Judicial District Court of Bexar County

No. 04-99-00688-CR
Rafael MONTELONGO,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 99-CR-1603
Honorable Robert L. Eschenburg, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: October 27, 1999

DISMISSED

On October 6, 1999, appellant filed a pro se motion to dismiss his appeal. On October 15, 1999, appellant's counsel provided written notification to this court that he has conferred with appellant regarding his desire to withdraw his notice of appeal. Counsel is of the opinion that appellant understands the nature and consequences of his action, and that he is exercising an intelligent and informed waiver of all rights he may have to bring an appeal.

We construe these documents together and grant the motion to dismiss. See Tex. R. App. P. 42.2(a) (both appellant and attorney must sign motion seeking voluntary dismissal of criminal appeal). The appeal is dismissed.

PER CURIAM

DO NOT PUBLISH