Charles William Sicurella v. The State of Texas--Appeal from County Court at Law No 3 of Collin County

IN THE

TENTH COURT OF APPEALS

No. 10-95-157-CR

CHARLES WILLIAM SICURELLA,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the County Court at Law No. 3

Collin County, Texas

Trial Court # 3-81128-94

MEMORANDUM OPINION

In March 1995, Charles Sicurella pleaded guilty to misdemeanor driving while intoxicated in exchange for the State's punishment recommendation of 120 days' confinement in the county jail and a $500 fine. Tex. Penal Code Ann. 49.04 (Vernon 1994). The court accepted the agreement and assessed punishment according to its terms. Although Sicurella appealed from his conviction, on November 3, 1995, he filed a motion to dismiss his 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).

Sicurella's motion specifically requests that we dismiss his appeal. The motion is signed personally by Sicurella and by his attorney. We have not issued a decision in his appeal. Thus, the motion is granted.

Sicurella's appeal is dismissed.

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed on appellant's motion

Opinion delivered and filed November 8, 1995

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