Pamela Ruth Heaton v. The State of Texas--Appeal from 54th District Court of McLennan County

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Heaton-PR v. State /**/

IN THE

TENTH COURT OF APPEALS

 

No. 10-95-275-CR

 

PAMELA RUTH HEATON,

Appellant

v.

 

THE STATE OF TEXAS,

Appellee

 

From the 54th District Court

McLennan County, Texas

Trial Court # 92-744-C

 

MEMORANDUM OPINION

 

Pamela Heaton pleaded guilty to forgery, and the court assessed punishment of ten years' imprisonment, probated for ten years, and restitution totaling $22,893.41. Tex. Penal Code Ann. 32.21 (Vernon 1994). Because Heaton failed to comply with the terms and conditions of the probation, the court revoked her probation and sentenced her to ten years' incarceration. Although she appealed from the court's judgment, she filed a motion to dismiss her appeal on December 29, 1995. 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).

Although Heaton's motion does not specifically withdraw her notice of appeal, we will construe and treat the motion as such a request. We have not issued a decision in her appeal. The motion is signed by her attorney. Attached as an exhibit to the motion is a sworn waiver of appeal signed by Heaton. She has filed the motion in duplicate, as required. Thus, the motion is granted.

Heaton's appeal is dismissed.

 

PER CURIAM

 

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed on appellant's motion

Opinion delivered and filed January 3, 1996

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