Daniel Blanco v. The State of Texas--Appeal from 179th District Court of Harris County

IN THE

TENTH COURT OF APPEALS

No. 10-98-153-CR

DANIEL BLANCO,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 179th District Court

Harris County, Texas

Trial Court # 767,610

MEMORANDUM OPINION

Daniel Blanco was convicted of aggravated theft and sentenced to five years in prison, probated. From this conviction, Blanco filed a notice of appeal. He now seeks 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 Blanco s attorney.

Although Blanco did not sign the motion itself, he did sign an affidavit in which he indicated that he wished to dismiss the appeal. We find that the motion and affidavit substantially comply with the Rule requiring that both the appellant and the attorney sign the motion to dismiss an appeal. Id; White v. State, No. 10-99-68-CR, slip op. at 2 (Tex. App. Waco May 5, 1999). Thus, the motion meets the requirements of the Rule and is granted.

Blanco s appeal is dismissed.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed on appellant's motion

Opinion delivered and filed August 25, 1999

Do not publish