Arthur John Smith v. The State of Texas--Appeal from 220th District Court of Hamilton County

IN THE

TENTH COURT OF APPEALS

No. 10-97-101-CR

ARTHUR JOHN SMITH,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 220th District Court

Hamilton County, Texas

Trial Court # 6834

MEMORANDUM OPINION

On December 10, 1996, Arthur John Smith pleaded guilty to burglary of a habitation, and the trial court assessed the agreed punishment of five years' incarceration in the Texas Department of Criminal Justice-Institutional Division. Tex. Penal Code Ann. 30.02 (Vernon 1994 & Supp. 1997). Also on December 10, Smith filed a waiver of his right to appeal; nevertheless, on January 6, 1997, he filed in the trial court a pro se request for permission to appeal his conviction. The transcript was late-filed in this court on March 20, 1997. On March 27, 1997, Smith filed a motion to dismiss his 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).

We have not issued a decision in this appeal. The motion is signed by Smith, who is not represented by counsel in this appeal. Thus, the motion meets the requirements of the rules and is granted.

Smith's appeal is dismissed.

PER CURIAM

Before Chief Justice Davis,

Justice Cummings, and

Justice Vance

Dismissed on appellant's motion

Opinion delivered and filed April 9, 1997

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