Edward Donnell Cosper v. The State of Texas--Appeal from 66th District Court of Hill County

IN THE

TENTH COURT OF APPEALS

No. 10-95-010-CR

EDWARD DONNELL COSPER,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 66th District Court

Hill County, Texas

Trial Court # 30,229

MEMORANDUM OPINION

Edward Cosper pleaded guilty before the court to the offense of aggravated robbery, but went to the jury for punishment, and received eight years' imprisonment. // See Tex. Penal Code Ann. 29.03 (Vernon 1994). He filed a handwritten notice of appeal the day the jury returned its verdict on punishment, January 20, 1995. However, on March 7 he filed a "Motion to Withdraw Waiver of Appeal" in this court. Although awkwardly titled, the body of the motion demonstrates that it is a motion to withdraw his notice of appeal and to waive his right of appeal.

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).

Cosper'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 Cosper and by his attorney. He has filed the motion in duplicate, as required. Thus, the motion is granted.

Cosper'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

Do not publish