Joe Sidney Williams v. The State of Texas--Appeal from 54th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-96-204-CR

JOE SIDNEY WILLIAMS,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 54th District Court

McLennan County, Texas

Trial Court # 95-590-C

MEMORANDUM OPINION

A jury convicted the appellant, Joe Williams, of possession of less than one gram of cocaine and assessed punishment at two years' confinement in a state jail and a $1,000 fine. Tex. Health & Safety Code Ann. 481.115(b) (Vernon Supp. 1997). The term of confinement, but not the fine, was probated for five years.

Williams appealed the judgment, but on November 18, 1996, he filed a motion to dismiss the cause. In relevant part, Texas Rule of Appellate Procedure 59 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[.]

Tex. R. App. P. 59(b).

We have not issued a decision in this appeal. The motion is signed personally by Williams, as required by the rule, and signed and sworn to by his attorney. Thus, the motion is granted.

Williams' appeal is dismissed.

PER CURIAM

Before Chief Justice Davis,

Justice Cummings, and

Justice Vance

Appeal dismissed on appellant's motion

Opinion delivered and filed November 27, 1996

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