The State of Texas v. Ronnie Joe Miles, Jr.--Appeal from 40th District Court of Ellis County

IN THE

TENTH COURT OF APPEALS

No. 10-98-376-CR

No. 10-98-377-CR

No. 10-98-378-CR

THE STATE OF TEXAS,

Appellant

v.

RONNIE JOE MILES, JR.,

Appellee

From the 40th District Court

Ellis County, Texas

Trial Court Nos. 23608CR, 23609CR & 23610CR

MEMORANDUM OPINION

Ronnie Joe Miles was convicted of delivery and possession of a controlled substance. On December 8, 1998, the trial court granted Miles a new trial. The State filed a notice of appeal on December 22, 1998. On June 3, 1999, the State filed a motion to dismiss its appeal. The relevant portion of Rule 42.2 of the Texas Rules of Appellate Procedure states:

42.2 Voluntary Dismissal in Criminal Cases.

(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 consider this rule to apply to appeals filed by the State as well as those filed by defendants. However, when the State appeals, there is no individual to sign as appellant. Thus, the signature of the State s attorney should suffice to comply with the rule. We have not issued a decision in this appeal, and the motion is signed by the State s attorney. The motion is granted.

The State s appeal is dismissed.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed on State s motion

Opinion delivered and filed June 16, 1999

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