Rodney Keith Long v. The State of Texas--Appeal from 66th District Court of Hill County

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IN THE

TENTH COURT OF APPEALS

 

No. 10-96-060-CR

 

RODNEY KEITH LONG,

Appellant

v.

 

THE STATE OF TEXAS,

Appellee

 

From the 66th District Court

Hill County, Texas

Trial Court # 30,149

 

MEMORANDUM OPINION

 

On March 20, 1996, we received a copy of Rodney Long's notice of appeal and the trial court clerk's information form regarding his appeal. // Tex. R. App. P. 40(b)(1). According to these sources, Long pled guilty to "Forgery by Passing", and his probation was continued with the added requirement that he enter a Substance Abuse Felony Punishment Facility. On June 6, 1996, he filed a motion to withdraw his notice of appeal and asks that we dismiss his appeal.

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.

Id. 59(b).

Long 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 Thus, his notice of appeal is withdrawn.

Long'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 June 12, 1996

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