Marco Cuagliotti v. The State of Texas--Appeal from 243rd District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

MARCO CUAGLIOTTI,

Appellant,

v.

THE STATE OF TEXAS,

Appellee.

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No. 08-02-00362-CR

Appeal from the

243rd District Court

of El Paso County, Texas

(TC# 20010D03693)

O P I N I O N

Marco Cuagliotti brought this appeal from his conviction for the offense of sexual assault of a child. Pending before the Court is appellant=s motion to dismiss this appeal pursuant to Tex. R. App. P. 42.2(a).

Rule 42.2(a) provides 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 appealBby 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.

Tex. R. App. P. 42.2(a).

In support of his motion to dismiss, appellant has withdrawn his notice of appeal in writing. The withdrawal is signed by both appellant and his attorney on appeal. The motion to withdraw notice of appeal and dismiss the appeal has been filed before submission of this cause. Finally, appellant filed a duplicate copy of his motion with this Court and that copy has been forwarded to the District Clerk of El Paso County. Because appellant has established compliance with the requirements of Rule 42.2(a), the motion to dismiss is granted. The clerk of this Court is hereby directed to send notice of the dismissal to the clerk of the trial court.

SUSAN LARSEN, Justice

October 10, 2002

Before Panel No. 1

Larsen, McClure, and Chew, JJ.

(Do Not Publish)