Luis Ortiz v. The State of Texas--Appeal from 109th District Court of Andrews County
Annotate this CaseCOURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
)
LUIS ORTIZ, ) No. 08-04-00116-CR
)
Appellant, ) Appeal from
)
v. ) 109th District Court
)
THE STATE OF TEXAS, ) of Andrews County, Texas
)
Appellee. ) (TC# 4492)
MEMORANDUM OPINION
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.
As required by the rule, the withdrawal of the notice of appeal is signed by Appellant. Further, the Clerk of this Court has forwarded a duplicate copy of the written withdrawal to the clerk of the trial court. Because Appellant has established compliance with the requirements of Rule 42.2(a), we grant Appellant s motion to dismiss. The appeal is hereby dismissed.
August 5, 2004
ANN CRAWFORD McCLURE, Justice
Before Panel No. 2
Barajas, C.J., McClure, and Chew, JJ.
(Do Not Publish)
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