David Eugene Hamilton v. The State of Texas--Appeal from 46th District Court of Wilbarger County
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NO. 07-10-00230-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
AUGUST 10, 2010
DAVID EUGENE HAMILTON, APPELLANT
v.
THE STATE OF TEXAS, APPELLEE
FROM THE 46TH DISTRICT COURT OF WILBARGER COUNTY;
NO. 11,394; HONORABLE DAN MIKE BIRD, JUDGE
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
MEMORANDUM OPINION
Appellant, David Eugene Hamilton, filed a notice of appeal challenging his
conviction and sentence. On June 28, 2010, we abated and remanded the case to
allow the filing of a new certification of appellant’s right to appeal. Tex. R. App. P.
25.2(d).
On August 2, appellant filed, rather than a new certification, a motion to
dismiss the appeal. The motion is signed by appellant and his counsel. Tex. R. App. P.
42.2(a). We have delivered no decision on the merits of appellant’s case. We reinstate
the case, dissolve the abatement, and grant appellant’s motion to dismiss. Accordingly,
the appeal is dismissed. No motion for rehearing will be entertained and our mandate
will issue forthwith.
James T. Campbell
Justice
Do not publish.
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