Tammy Renee O'Daniel v. The State of Texas--Appeal from 220th District Court of Bosque County

IN THE

TENTH COURT OF APPEALS

No. 10-97-189-CR

TAMMY RENEE O DANIEL,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 220th District Court

Bosque County, Texas

Trial Court # 97-04-11459 BCCR

MEMORANDUM OPINION

Tammy Renee O Daniel appeals from the revocation of her community supervision for the offense of theft of property valued at $750 or more but less than $20,000. Upon revoking O Daniel s community supervision, the court assessed her punishment at six years confinement. O Daniel has filed a motion to dismiss her appeal. In relevant portion, Rule 42.2 of the Texas Rules of Appellate Procedure states:

(a) 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, who must immediately send the duplicate copy to the trial court clerk.

Tex. R. App. P. 42.2(a).

We have not issued a decision in this appeal. The motion is signed by both O Daniel and her attorney. Thus, the motion meets the requirements of the rules and is granted.

O Daniel'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 29, 1997

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