Eara John Nelson v. The State of Texas--Appeal from 52nd District Court of Coryell County

IN THE

TENTH COURT OF APPEALS

No. 10-98-350-CR

EARA JOHN NELSON,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 52nd District Court

Coryell County, Texas

Trial Court # 11,293

MEMORANDUM OPINION

Appellant Eara Nelson perfected an appeal in November of 1998, but now seeks 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 both Nelson and his attorney. We find that this is in substantial compliance with the requirement that both the appellant and his attorney sign a written withdrawal. Id. A copy has been sent to the trial court clerk. Id.

This appeal is dismissed.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed

Opinion delivered and filed June 28, 2000

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