Linda Ann May v. The State of Texas--Appeal from 40th District Court of Ellis County

IN THE

TENTH COURT OF APPEALS

No. 10-00-009-CR

LINDA ANN MAY,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 40th District Court

Ellis County, Texas

Trial Court # 24377CR

O P I N I O N

Linda May was convicted of felony DWI and sentenced to ten years in prison. From this conviction, May filed a notice of appeal. She now withdraws her notice of appeal and asks us 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 May and her attorney. The clerk of this court has forwarded a copy of the motion to the trial court clerk. Thus, the motion meets the requirements of the Rule and is granted.

May s appeal is dismissed.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed on appellant's motion

Opinion delivered and filed February 16, 2000

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