Terrance Jacquain Webber v. The State of Texas--Appeal from 272nd District Court of Brazos County

IN THE

TENTH COURT OF APPEALS

No. 10-96-057-CR

TERRANCE JACQUAIN WEBBER,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 272nd District Court

Brazos County, Texas

Trial Court # 22,720-272

MEMORANDUM OPINION

Terrance Webber pleaded guilty to possession of a controlled substance and the court assessed the agreed punishment of ten years' imprisonment, probated for ten years. On February 15, 1996, his probation was revoked and he was sentenced to three years' imprisonment. Although he appealed the revocation, Webber filed a motion to dismiss his appeal on April 12, 1996. 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).

We have not issued a decision in this appeal. The motion is signed by Webber and signed and sworn to by his attorney. Thus, the motion meets the requirements of the rules and is granted.

Webber's appeal is dismissed.

PER CURIAM

Before Justice Cummings, and

Justice Vance

Dismissed on appellant's motion

Opinion delivered and filed April 24, 1996

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