Boyd Cooke Styron, Jr. v. The State of Texas--Appeal from of County

IN THE

TENTH COURT OF APPEALS

No. 10-94-293-CR

BOYD COOKE STYRON, JR.,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the County Court at Law

Johnson County, Texas

Trial Court # M92-03423

MEMORANDUM OPINION

In May 1993, Boyd Styron, Jr. pleaded guilty to driving while intoxicated and the court sentenced him to two years' probation. See Tex. Penal Code Ann. 49.04 (Vernon 1994). In July 1994 the court revoked his probation, imposing punishment of 180 days in the county jail, followed by 180 days on work-release. Although Styron appealed from his conviction, on July 10, 1995, he filed a motion to withdraw his notice of appeal.

In the 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).

Styron's motion specifically requests withdrawal of his notice of appeal. We have not issued a decision in his appeal. The motion is signed personally by Styron and by his attorney. He has filed the motion in duplicate, as required. Thus, the motion is granted.

Styron's appeal is dismissed.

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed on appellant's motion

Opinion delivered and filed July 12, 1995

Do not publish