Ralph Arias v. The State of Texas--Appeal from 54th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-97-159-CR

RALPH ARIAS,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 54th District Court

McLennan County, Texas

Trial Court # 96-705-C

MEMORANDUM OPINION

Appellant Ralph Arias pleaded guilty to the offense of possession of cocaine in the amount of four grams or more but less than 200 grams. See Tex. Health & Safety Code Ann. 481.115(d) (Vernon Supp. 1997). The court assessed Arias' punishment at six years confinement in the Institutional Division of the Texas Department of Criminal Justice pursuant to the State s plea recommendation. Arias filed a motion to dismiss his appeal on July 30, 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 Arias and his attorney. Thus, the motion meets the requirements of the rules and is granted.

Arias' appeal is dismissed.

PER CURIAM

Before Chief Justice Davis,

Justice Cummings, and

Justice Vance

Dismissed on appellant's motion

Opinion delivered and filed August 1, 1997

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