Danny Paul Martin v. The State of Texas--Appeal from 18th District Court of Johnson County

IN THE

TENTH COURT OF APPEALS

No. 10-95-093-CR

DANNY PAUL MARTIN,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 18th District Court

Johnson County, Texas

Trial Court # 30488

MEMORANDUM OPINION

The court found Danny Martin guilty of felony driving while intoxicated and assessed punishment of five years' incarceration. // Tex. Penal Code Ann. 49.04, 49.09(b) (Vernon 1994). Although Martin appealed from his conviction, on September 5, 1995, he filed a motion to dismiss his appeal.

In the 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).

Martin and his attorney have both signed the motion, as required by the rule. Id. We have not issued a decision in this appeal. Thus, his motion is granted.

Martin's appeal is dismissed.

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed on appellant's motion

Opinion delivered and filed September 13, 1995

Do not publish