David Lane Ostrander v. The State of Texas--Appeal from 66th District Court of Hill County

IN THE

TENTH COURT OF APPEALS

No. 10-95-243-CR

DAVID LANE OSTRANDER,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 66th District Court

Hill County, Texas

Trial Court # 29,410

MEMORANDUM OPINION

David Ostrander pled guilty to "possession of a controlled substance" and the court assessed punishment of ten years' incarceration, probated for ten years. // Although Ostrander appealed from his conviction, on October 31, 1995, he filed a copy of a "notice of withdrawal of appeal" initially filed in the trial court on September 15.

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).

Ostrander and his attorney have both signed the notice, as required by the rule. Id. We have not issued a decision in this appeal. Thus, his notice of appeal has been withdrawn.

Ostrander'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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