David Glenn Parker v. The State of Texas--Appeal from County Crim Court No 6 of Dallas County

IN THE

TENTH COURT OF APPEALS

No. 10-95-153-CR

DAVID GLENN PARKER,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the County Criminal Court No. 6

Dallas County, Texas

Trial Court # MB92-65214-G

MEMORANDUM OPINION

A jury found David Parker guilty of driving while intoxicated and the court assessed punishment of ninety days' confinement in the Dallas County jail, probated for one year, and a $400 fine. See Tex. Penal Code Ann. 49.04 (Vernon 1994). Although Parker appealed from his conviction, on August 25, 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).

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

Parker's appeal is dismissed.

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed on appellant's motion

Opinion delivered and filed August 31, 1995

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