Rudolph Carr, Jr. v. The State of Texas--Appeal from 54th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-96-039-CR

RUDOLPH CARR, JR.,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 54th District Court

McLennan County, Texas

Trial Court # 94-800-C

MEMORANDUM OPINION

Rudolph Carr, Jr. pleaded guilty to possession of a controlled substance, cocaine, and the court assessed punishment of ten years' incarceration, probated for ten years, and a $3,500 fine. Tex. Health & Safety Code Ann. 481.102(5), 481.115 (Vernon 1992 & Supp. 1996). On January 30, 1996, his probation was revoked and the original sentence imposed. Although he appealed the revocation, Carr filed a motion to dismiss his appeal on July 9, 1996.

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).

Carr and his attorney have both signed the motion, as required by the rule. Id. We have not issued a decision in this appeal. Thus, his notice of appeal is withdrawn.

Carr's appeal is dismissed. Id.

PER CURIAM

Before Chief Justice Davis,

Justice Cummings, and

Justice Vance

Dismissed on appellant's motion

Opinion delivered and filed July 17, 1996

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