John Robert Denk v. The State of Texas--Appeal from 54th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-97-229-CR

JOHN ROBERT DENK,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 54th District Court

McLennan County, Texas

Trial Court # 97-17-C

MEMORANDUM OPINION

Appellant John Robert Denk pled guilty to the felony offense of driving while intoxicated without the benefit of a plea recommendation from the State. See Tex. Penal Code Ann. 49.09(b) (Vernon 1994). Denk also pled true to a prior burglary conviction alleged to enhance his punishment to the level of a second degree felony. The court assessed Denk's punishment at fifteen years confinement. Denk has filed a motion to dismiss his 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 Denk and his attorney. Thus, the motion meets the requirements of the rules and is granted.

Denk'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 1, 1997

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