Charles Baker v. The State of Texas--Appeal from Crim Dist Ct 4 of Dallas Co of Dallas County

IN THE

TENTH COURT OF APPEALS

No. 10-00-029-CR

CHARLES BAKER,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the Criminal District Court No. 4

Dallas County, Texas

Trial Court # F98-20343-K

MEMORANDUM OPINION

The court convicted Charles Baker in a bench trial of sexual assault. See Tex. Pen. Code Ann. 22.011 (Vernon Supp. 2000). The court assessed Baker s punishment at five years imprisonment and a $400 fine, suspended imposition of sentence, and placed Baker on community supervision for ten years. Baker has filed a motion to withdraw his notice of appeal. In relevant portion, Rule 42.2 of the Texas Rules of Appellate Procedure states:

(a) At any time before the appellate court s decision, the appellate court may dismiss the appeal if the appellant withdraws his or her notice of appeal. The appellant and his or her attorney must sign the written withdrawal and file it in duplicate with the appellate clerk, who must immediately send the duplicate copy to the trial court clerk.

Tex. R. App. P. 42.2(a).

We have not issued a decision in this appeal. The motion is signed by both Baker and his attorney. Thus, the motion meets the requirements of the rules and is granted.

Baker s appeal is dismissed.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

(Justice Gray concurring in the result without written opinion)

Dismissed on appellant's motion

Opinion delivered and filed March 1, 2000

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