David D. Holly v. The State of Texas--Appeal from 52nd District Court of Coryell County

IN THE

TENTH COURT OF APPEALS

No. 10-97-146-CR

DAVID D. HOLLY,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 52nd District Court

Coryell County, Texas

Trial Court # 13,802

MEMORANDUM OPINION

On February 21, 1997, David D. Holly, who was represented by counsel before the trial court, pleaded guilty to escape, and the court assessed punishment at seventeen years' incarceration in the Texas Department of Criminal Justice-Institutional Division. Tex. Penal Code Ann. 38.06 (Vernon 1994). The court ordered the seventeen-year sentence be served consecutively to the capital murder sentence for which he was incarcerated at the time of the offense. On March 21, 1997, Holly filed in the trial court a pro se notice of appeal. The transcript was filed in this court on April 4, 1997. On April 21, 1997, Holly 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 Holly, who is not represented by counsel in this appeal. Thus, the motion meets the requirements of the rules and is granted.

Holly's appeal is dismissed.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Chief Justice McDonald (Retired)

Dismissed on appellant's motion

Opinion delivered and filed April 30, 1997

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