Ivory Joe Carter, Jr. v. The State of Texas--Appeal from County Court at Law No 2 of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-99-026-CR

IVORY JOE CARTER, JR.,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the County Court at Law No. 2

McLennan County, Texas

Trial Court # 983266 CR2

MEMORANDUM OPINION

A jury convicted appellant Ivory Joe Carter, Jr. of assault. See Tex. Pen. Code Ann. 22.01 (Vernon 1994). The jury assessed Carter s punishment at 120 days confinement and no fine. Carter 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 Carter and his attorney. Thus, the motion meets the requirements of the rules and is granted.

Carter s appeal is dismissed.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed on appellant's motion

Opinion delivered and filed March 31, 1999

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