Hussain Abdul-Malik v. The State of Texas--Appeal from 52nd District Court of Coryell County

IN THE

TENTH COURT OF APPEALS

No. 10-96-106-CR

HUSSAIN ABDUL-MALIK,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 52nd District Court

Coryell County, Texas

Trial Court # 14,124

MEMORANDUM OPINION

On May 10, 1996, appellant Hussain Abdul-Malik plead guilty to retaliation and the trial court assessed punishment at eight years' incarceration in the Texas Department of Criminal Justice-Institutional Division. Tex. Penal Code Ann. 36.06 (Vernon 1994). Appellant filed a pro se notice of appeal in the district court six days later.

The transcript was filed in this court on June 3, but when no statement of facts followed, we abated the cause to the trial court on October 30 for the trial court to determine, among other things, why a statement of facts had not been filed and whether Appellant wished to continue the prosecution of his appeal. The trial court conducted the abatement hearing on December 18 and filed its findings of fact and conclusions of law from the hearing in this court on December 20. The trial court concluded in his findings that Appellant no longer wished to continue to prosecute his appeal. On January 13, 1997, a motion to dismiss signed by Appellant and dated December 18, 1996, was filed in this court.

In relevant part, Texas Rule of Appellate Procedure 59 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[.]

Tex. R. App. P. 59(b).

We have not issued a decision in this appeal. The motion to dismiss is signed personally by Appellant, as required by the rule. Thus, the motion is granted.

The cause is reinstated, and Appellant's appeal is dismissed.

PER CURIAM

Before Chief Justice Davis,

Justice Cummings, and

Justice Vance

Appeal dismissed on appellant's motion

Opinion delivered and filed January 22, 1997

Do not publish