Stoney Mark Parker v. The State of Texas--Appeal from County Court at Law No 1 of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-97-108-CR

STONEY MARK PARKER,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the County Court at Law

McLennan County, Texas

Trial Court # 961085 CR1

MEMORANDUM OPINION

A jury convicted Appellant Stoney Mark Parker of theft of property worth $50 or more but less than $500. See Tex. Penal Code Ann. 31.03(e)(2)(A)(i) (Vernon 1994). The court assessed Parker s punishment at 180 days incarceration in the county jail and a $2,000 fine. Parker filed a motion to dismiss his appeal on July 10, 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 both Parker and his attorney. Thus, the motion meets the requirements of the rules and is granted.

Parker's appeal is dismissed.

PER CURIAM

Before Chief Justice Davis,

Justice Cummings, and

Justice Vance

Dismissed on appellant's motion

Opinion delivered and filed July 23, 1997

Do not publish