Jorge Ismael Lara v. The State of Texas--Appeal from 204th District Court of Dallas County

IN THE

TENTH COURT OF APPEALS

No. 10-95-173-CR

JORGE ISMAEL LARA,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 204th District Court

Dallas County, Texas

Trial Court # F93-69639-Q

MEMORANDUM OPINION

A jury found Jorge Lara guilty of possession of a controlled substance with intent to deliver and assessed punishment of ten years' incarceration, probated for ten years, and a $15,000 fine. See Tex. Health & Safety Code Ann. 481.102(3)(D), 481.112(a), (e) (Vernon 1992 & Supp. 1995). Although Lara appealed from his conviction, on August 18, 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).

Lara 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.

Lara'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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