Dale Cobb v. The State of Texas--Appeal from County Court at Law No 2 of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-94-286-CR

DALE COBB,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the County Court at Law No. 2

McLennan County, Texas

Trial Court # 932500 CR2

MEMORANDUM OPINION

A jury found Dale Cobb guilty of telephone harassment and assessed punishment of a $100 fine, probated for 180 days. See Tex. Penal Code Ann. 42.07(a)(2) (Vernon 1994). Although he appealed from the court's judgment sentencing him to the assessed punishment, he filed a motion to dismiss his appeal on February 28, 1995. In relevant portion, Rule 59 of the Texas Rules of Appellate Procedure states:

(b) Criminal Cases. The appeal may be dismissed if the appellant withdraws his notice of appeal at any time prior to the decision of the appellate court. The withdrawal shall be in writing signed by the appellant and his counsel and filed in duplicate with the clerk of the court of appeals in which the appeal is pending . . . . Notice of the dismissal shall be sent to the clerk of the trial court in which notice of appeal was filed.

Tex. R. App. P. 59(b).

Although Cobb's motion does not specifically withdraw his notice of appeal, we will construe and treat the motion as such a request. We have not issued a decision in his appeal. The motion is signed personally by Cobb and by his attorney. He has filed the motion in duplicate, as required. Thus, the motion is granted.

Cobb's appeal is dismissed.

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed on appellant's motion

Opinion delivered and filed March 15, 1995

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