David Dean Holloway v. The State of Texas--Appeal from 54th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-95-307-CR

DAVID DEAN HOLLOWAY,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 54th District Court

McLennan County, Texas

Trial Court # 91-595-C

MEMORANDUM OPINION

David Holloway pleaded guilty to possession of a controlled substance, and the court assessed punishment of ten years' imprisonment, probated for ten years. Tex. Health & Safety Code Ann. 481.102(5), 481.115 (Vernon 1992 & Supp. 1996). Because he failed to comply with the terms and conditions of probation, the court revoked his probation and sentenced him to ten years' incarceration. Although he appealed from the court's judgment, he filed a motion to dismiss his appeal on January 3, 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 Holloway and signed by his attorney. Thus, the motion is granted.

Holloway'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 10, 1996

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