Tracy E. Gatlin v. The State of Texas--Appeal from 52nd District Court of Coryell CountyAnnotate this Case
TENTH COURT OF APPEALS
TRACY E. GATLIN,
THE STATE OF TEXAS,
From the 52nd District Court
Coryell County, Texas
Trial Court # 13,650
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.
Before Justice Cummings, and
Dismissed on appellant's motion
Opinion delivered and filed February 28, 1996
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