Abel Eleazar Medina v. The State of Texas--Appeal from 40th District Court of Ellis County

IN THE

TENTH COURT OF APPEALS

No. 10-99-078-CR

ABEL ELEAZAR MEDINA,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 40th District Court

Ellis County, Texas

Trial Court # 23906CR

O P I N I O N

Abel Medina was convicted of delivery of a controlled substance and sentenced to four years in prison plus a $1,000 fine. From this conviction, Medina filed a notice of appeal. He now withdraws his notice of appeal and asks us to dismiss it.

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 Medina s attorney.

Although Medina did not sign the motion itself, he did sign a letter in which he stated that he no longer desires to appeal this case. He states, I, Abel Medina, hereby agree to withdraw the appeal of my criminal case in Ellis County. . . . We find that the motion and attached letter substantially comply with the Rule requiring that both the appellant and the attorney sign the motion to withdraw the notice of appeal. Tex. R. App. P. 42.2; White v. State, 993 S.W.2d 381, 382 (Tex. App. Waco 1999, no pet.). Thus, the motion meets the requirements of the Rule and is granted.

Medina s appeal is dismissed.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

(Justice Gray concurring without opinion)

Dismissed on Appellant's motion

Opinion delivered and filed March 15, 2000

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