Baldemar Olivares Jimenez v. The State of Texas--Appeal from 251st District Court of Randall County

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NO. 07-02-0531-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL E APRIL 14, 2003 ______________________________ BALDEMAR OLIVARES JIMENEZ, APPELLANT V. THE STATE OF TEXAS, APPELLEE _________________________________ FROM THE 251ST DISTRICT COURT OF RANDALL COUNTY; NO. 13,525-C; HONORABLE PATRICK A. PIRTLE, JUDGE _______________________________ Before QUINN and REAVIS, JJ., and BOYD, S.J.1 On October 22, 2002, appellant Baldemar Olivares Jimenez was found guilty of the offense of delivery of a controlled substance in an amount of four grams or more but less than 200 grams. 1 His punishment was assessed at ten years confinement in the John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. Tex. Gov t Code Ann. §75.002(a)(1) (Vernon Supp. 2003). Institutional Division of the Texas Department of Criminal Justice and a fine of $2,000. He gave timely notice of appeal from his conviction. We have now received appellant s motion to be allowed to withdraw his notice of appeal and to dismiss the appeal. His attorney has joined in the motion. Because appellant s motion meets all the requirements of Texas Rule of Appellate Procedure 42.2(a) and this court has not delivered its decision prior to receiving appellant s motion, it is hereby granted. Having dismissed the appeal at appellant s request, no motions for rehearing will be entertained and our mandate will issue forthwith. John T. Boyd Senior Justice Do not publish. 2

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