Leland D. Gjetley v. The State of Texas--Appeal from 249th District Court of Johnson County

IN THE

TENTH COURT OF APPEALS

No. 10-99-235-CR

LELAND D. GJETLEY,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 249th District Court

Johnson County, Texas

Trial Court # B199900001

O P I N I O N

Leland Gjetley filed a notice of appeal seeking to set aside a bond forfeiture judgment. He has filed a motion to dismiss, stating that he fully understands the consequences of dismissal and freely and voluntarily requests that the appeal be dismissed. 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 Gjetley and his attorney. //

We find that the motion and affidavit substantially comply with the Rule requiring that both the appellant and the attorney sign a written withdrawal of the notice of appeal. Tex. R. App. P. 42.2. A copy has been sent to the trial court clerk. Id.

Gjetley s appeal is dismissed.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed on Appellant's motion

Opinion delivered and filed May 24, 2000

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