Aaron Dwayne Lenoir AKA Aaron D. Lenoir v. The State of Texas--Appeal from 213th District Court of Tarrant County

IN THE

TENTH COURT OF APPEALS

No. 10-99-185-CR

AARON DWAYNE LENOIR AKA

AARON D. LENOIR,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 213th District Court

Tarrant County, Texas

Trial Court #0711451D

O P I N I O N

Appellant Aaron Lenoir was convicted of aggravated robbery with a deadly weapon. He was sentenced to ten years imprisonment. Lenoir perfected an appeal, but now seeks to dismiss it. 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 Lenoir s attorney.

Although Lenoir did not sign the motion itself, he did sign an affidavit in which he swore that he no longer desires to appeal this case. He states, I want the appeal to be withdrawn. 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. Tex. R. App. P. 42.2; White v. State, 993 S.W.2d 381, 382 (Tex. App. Waco 1999, no pet.). Thus, the motion meets the requirements of the Rule and is granted.

Lenoir s appeal is dismissed.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed on Appellant's motion

Opinion delivered and filed December 22, 1999

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