Richard Keith Glowski v. The State of Texas--Appeal from 18th District Court of Johnson County

IN THE

TENTH COURT OF APPEALS

No. 10-01-361-CR

RICHARD KEITH GLOWSKI,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 18th District Court

Johnson County, Texas

Trial Court # 33101

MEMORANDUM OPINION

A jury convicted Richard Keith Glowski of delivery of marihuana to a minor and delivery of cocaine to a minor. The jury assessed his punishment for the marihuana offense at ten years and recommended that imposition of sentence be suspended and Glowski placed on community supervision. The jury assessed his punishment for the cocaine offense at ten years confinement. The court sentenced Glowski in accordance with the verdict, and he appealed.

Glowski has now filed a motion to dismiss his appeal. Rule of Appellate Procedure 42.2(a) provides:

At any time before the appellate court's decision, the appellate court may dismiss the appeal if the party that appealed withdraws its notice of appeal by filing a written withdrawal in duplicate with the appellate clerk, who must immediately send the duplicate copy to the trial court clerk. An appellant must personally sign the written withdrawal.

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

We have not issued a decision in this appeal. Glowski personally signed the motion. The Clerk of this Court has sent a duplicate copy to the trial court clerk. See id.; McClain v. State, 17 S.W.3d 310, 311 (Tex. App. Waco 2000, no pet.) (per curiam). Accordingly, Glowski s appeal is dismissed.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Appeal dismissed

Opinion delivered and filed March 6, 2002

Do not publish

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