Ray Gordon, Jr v. The State of Texas--Appeal from 13th District Court of Navarro County

IN THE

TENTH COURT OF APPEALS

No. 10-97-106-CR

RAY GORDON, JR.,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 13th District Court

Navarro County, Texas

Trial Court # 24,021

MEMORANDUM OPINION

On January 4, 1991, Ray Gordon, Jr., pleaded guilty to the unlawful possession of 28 to 400 grams of cocaine, and the court assessed punishment at ten years' incarceration in the Texas Department of Criminal Justice-Institutional Division and a $3,000 fine. Tex. Health & Safety Code Ann. 481.101-.135 (Vernon 1994 & Supp. 1997). The term of incarceration, but not the fine, was probated for ten years.

On September 16, 1996, the State filed a motion to revoke Gordon's probation on the grounds that he had, among other things, failed to pay some of the fees and costs that had been ordered by the trial court as a condition of his probation. On January 29, 1997, a hearing was held on the State's motion at which Gordon appeared with counsel. That same day, the trial court entered an order granting the State's motion and sentencing Gordon to ten years' incarceration in the TDCJ-ID. Gordon filed a pro se notice of appeal on February 27, 1997. The transcript was filed in this court on March 13, 1997, and Gordon filed a motion to dismiss on April 28, 1997.

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 Gordon, who is not represented by counsel in this appeal. Thus, the motion meets the requirements of the rules and is granted.

Gordon'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 30, 1997

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