Lanie Horne v. The State of Texas--Appeal from 54th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-94-358-CR

LANIE HORNE,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 54th District Court

McLennan County, Texas

Trial Court # 92-350-C

MEMORANDUM OPINION

Lanie Horne pleaded guilty to knowingly making a false entry in her application for government assistance, and the court assessed punishment of four years' imprisonment, probated for four years. See Tex. Penal Code Ann. 37.10(a)(1) (Vernon 1994). Because Horne failed to comply with the terms and conditions of the probation, the court revoked her probation and sentenced her to four years' incarceration. Although she appealed from the court's judgment, she filed a motion to dismiss her appeal on April 6, 1995. In relevant portion, Rule 59 of the Texas Rules of Appellate Procedure states:

(b) Criminal Cases. The appeal may be dismissed if the appellant withdraws his notice of appeal at any time prior to the decision of the appellate court. The withdrawal shall be in writing signed by the appellant and his counsel and filed in duplicate with the clerk of the court of appeals in which the appeal is pending . . . . Notice of the dismissal shall be sent to the clerk of the trial court in which notice of appeal was filed.

Tex. R. App. P. 59(b).

Although Horne's motion does not specifically withdraw her notice of appeal, we will construe and treat the motion as such a request. We have not issued a decision in her appeal. The motion is signed personally by Horne and by her attorney. She has filed the motion in duplicate, as required. Thus, the motion is granted.

Horne's appeal is dismissed.

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed on appellant's motion

Opinion delivered and filed April 12, 1995

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