Tracy E. Gatlin v. The State of Texas--Appeal from 52nd District Court of Coryell County

IN THE

TENTH COURT OF APPEALS

No. 10-95-250-CR

TRACY E. GATLIN,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 52nd District Court

Coryell County, Texas

Trial Court # 13,650

MEMORANDUM OPINION

Tracy Gatlin pleaded guilty to aggravated assault on a correctional officer and the court assessed the agreed punishment of ten years' imprisonment. Tex. Penal Code Ann. 22.01 (Vernon 1994). Although he appealed from the court's judgment, Gatlin filed a motion to dismiss his appeal on February 26, 1996. 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).

We have not issued a decision in this appeal. The motion is signed and sworn to personally by Gatlin and signed by his attorney. Thus, the motion meets the requirements of the rules and is granted.

Gatlin's appeal is dismissed.

PER CURIAM

Before Justice Cummings, and

Justice Vance

Dismissed on appellant's motion

Opinion delivered and filed February 28, 1996

Do not publish