Michael Dwayne Thomas v. The State of Texas--Appeal from 115th District Court of Upshur County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-04-00053-CR

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MICHAEL DWAYNE THOMAS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 115th Judicial District Court

Upshur County, Texas

Trial Court No. 13,475

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

Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

On January 14, 2004, Michael Dwayne Thomas was convicted by a jury in the 115th Judicial District Court of Upshur County, Texas, of the offense of evading arrest or detention with a vehicle. Because of prior felony convictions, Thomas' sentence was eligible for enhancement. The jury sentenced Thomas to fifteen years' imprisonment and assessed a fine of $5,000.00.

Thomas filed a notice of appeal pro se January 22, 2004. A motion for new trial, filed by counsel on Thomas' behalf, was filed January 30, 2004, and denied by the trial court February 9, 2004.

We have been presented with a motion to dismiss Thomas' appeal, signed by both Thomas and his appellate counsel of record.

We grant Thomas' motion and hereby dismiss this appeal.

Donald R. Ross

Justice

Date Submitted: January 11, 2005

Date Decided: January 12, 2005

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