Jason Bruce v. The State of Texas--Appeal from 13th District Court of Navarro County

IN THE

TENTH COURT OF APPEALS

No. 10-98-277-CR

JASON BRUCE,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 13th District Court

Navarro County, Texas

Trial Court # 26,743

MEMORANDUM OPINION

Jason Bruce pled guilty to possession of a controlled substance and requested that the court defer his adjudication. The court denied his request and placed Bruce on regular probation. Bruce filed a notice of appeal. We abated this cause for findings on Bruce s financial ability to retain counsel. The court found that Bruce is not indigent, does not wish to proceed with this appeal pro se, and does not wish to retain counsel. Bruce now files 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. Bruce signed the motion and filed it in duplicate. Thus, the motion is granted.

This appeal is dismissed.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed on appellant's motion

Opinion delivered and filed February 3, 1999

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