Alan Jannotti v. State of Texas--Appeal from County Court at Law No 1 of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-00-240-CR

ALAN JANNOTTI,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the County Court at Law No. 1

McLennan County, Texas

Trial Court # 992929 CR1

MEMORANDUM OPINION

Appellant Alan Jannotti filed a notice of appeal seeking to complain about the trial court s overruling of his motion to suppress. He subsequently filed a motion to withdraw his notice of appeal, stating that he is of the opinion that this court does not yet have jurisdiction over the 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 Jannotti and his attorney. See 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 August 30, 2000

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