Christopher Duran v. The State of Texas--Appeal from 210th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

CHRISTOPHER DURAN,

Appellant,

v.

THE STATE OF TEXAS,

Appellee.

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No. 08-02-00312-CR

Appeal from the

210th District Court

of El Paso County, Texas

(TC# 70382)

O P I N I O N

Pending before the Court is Appellant=s motion to dismiss this appeal pursuant to Tex. R. App. P. 42.2(a), which states that:

(a) At any time before the appellate court=s decision, the appellate court may dismiss the appeal if the party that appealed withdraws its notice of appeal--by filing a written withdrawal in duplicate with the appellate clerk, who must immediately send the duplicate copy to the trial court clerk. An appellant must personally sign the written withdrawal.

Appellant has signed his motion to dismiss the appeal. On the face of the motion it is indicated that the Clerk of this Court has sent a duplicate copy of the motion to the trial court clerk. Appellant having complied with the requirements of Rule 42.2(a), the Court has considered this cause on Appellant=s motion and concludes the motion should be granted and the appeal should be dismissed. We therefore dismiss the appeal.

October 3, 2002

RICHARD BARAJAS, Chief Justice

Before Panel No. 4

Barajas, C.J., Larsen, and McClure, JJ.

(Do Not Publish)