Allen Charles Day v. The State of Texas--Appeal from 13th District Court of Navarro County
Annotate this CaseIN THE
TENTH COURT OF APPEALS
No. 10-97-160-CR
ALLEN CHARLES DAY,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 13th District Court
Navarro County, Texas
Trial Court # 26, 178
MEMORANDUM OPINION
A jury convicted Allen Charles Day of the offense of possession of a controlled substance and assessed punishment at two years' incarceration in a state jail facility and a fine of $10,000. Tex. Health & Safety Code Ann. 481.115 (Vernon Supp. 1997); Tex. Pen. Code Ann. 12.35 (Vernon 1994). Seeking to appeal his conviction, Day filed a pro se notice of appeal on April 28, 1997. This court abated Day s appeal on September 3, 1997, for the trial court to consider Day s request for the appointment of appellate counsel. Day has now filed a motion to voluntarily dismiss his appeal.
In relevant portion, the appellate rule governing voluntary dismissals in criminal appeals states:
At any time before the appellate court s decision, the appellate court may dismiss the appeal if the appellant withdraws his or her notice of appeal. The appellant and his or her attorney must sign the written withdrawal and file it in duplicate with the appellate clerk. . . .
Tex. R. App. P. 42.2(a).
We have not issued a decision in this appeal. Day s motion meets the requirements of the rule and is granted.
Day's appeal is dismissed.
PER CURIAM
Before Chief Justice Davis,
Justice Cummings, and
Justice Vance
Dismissed on appellant's motion
Opinion delivered and filed October 15, 1997
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