Ricardo Pinon v. The State of Texas--Appeal from 171st District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

RICARDO PINON,

Appellant,

v.

THE STATE OF TEXAS,

Appellee.

No. 08-05-00305-CR

Appeal from the

171st District Court

of El Paso County, Texas

(TC# 20030D01050)

MEMORANDUM OPINION

Pending before the Court is Appellant s motion to withdraw his notice of 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.

No decision has issued in this case. Appellant s motion to withdraw his appeal is signed by himself and his attorney. The Clerk of this Court had indicated that a duplicate copy of the motion has been delivered to the trial court clerk. Appellant has 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.

RICHARD BARAJAS, Chief Justice

April 13, 2006

Before Barajas, C.J., McClure, and Chew, JJ.

(Do Not Publish)