Arthur Solis v. The State of Texas--Appeal from 226th Judicial District Court of Bexar County

No. 04-00-00322-CV

Arthur SOLIS,

Appellant

v.

The STATE of Texas,

Appellee

From the 226th Judicial District Court, Bexar County, Texas

Trial Court No. 99-SF-00036

Honorable Sid L. Harle, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: December 13, 2000

APPEAL DISMISSED

On July 31, 2000, the attorney for the appellant in the above numbered and styled appeal filed a motion to dismiss the appeal. This court incorrectly denied the request under Rule 42.2(a) of the rules of appellate procedure because the motion was not signed by the appellant. See Tex. R. App. P. 42.2(a). Rule 42.2(a), however, applies to a criminal appeal, not to a civil appeal. The court should have relied on Rule 42.1 which applies to civil appeals. See Tex. R. App. P. 42.1. Rule 42.1 does not require the appellant=s signature for a voluntary dismissal. Relying on that rule, we withdraw our order dated August 14, 2000 denying the motion to dismiss the appeal, and we grant the motion. See Tex. R. App. P. 42.1(a)(2). This appeal is accordingly dismissed.

PER CURIAM

DO NOT PUBLISH