Robbie Eugene Brown v. The State of Texas--Appeal from 76th District Court of Titus County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-03-00208-CR

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ROBBIE EUGENE BROWN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 76th Judicial District Court

Titus County, Texas

Trial Court No. CR14253

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

On September 24, 2003, a jury found Robbie Eugene Brown guilty of indecency with a child. The trial court sentenced Brown to ten years' confinement in accordance with the jury's recommendation. Brown filed his notice of appeal to this Court two days later.

On October 15, 2003, Brown filed a voluntary motion to dismiss his appeal before this Court. Rule 42.2 of the Texas Rules of Appellate Procedure permits an appellant to withdraw his or her notice of appeal by filing a written withdrawal in this Court. See Tex. R. App. P. 42.2. In the case before us, the motion to dismiss is signed by both Brown and his counsel of record. Brown's motion complies with the requirements set forth under our rules for voluntary dismissal in a criminal case.

Pursuant to Rule 42.2, we grant Brown's voluntary motion to dismiss his appeal.

We dismiss the appeal.

Josh R. Morriss, III

Chief Justice

Date Submitted: October 21, 2003

Date Decided: October 22, 2003

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