L.B. Scott v. The State of Texas--Appeal from 66th District Court of Hill County

IN THE

TENTH COURT OF APPEALS

No. 10-02-030-CR

L.B. SCOTT,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 66th District Court

Hill County, Texas

Trial Court # 31,955

MEMORANDUM OPINION

L. B. Scott pleaded guilty without the benefit of a plea recommendation to the offense of possession of cocaine in an amount of one gram or more but less than four grams. Scott pleaded true to the State s allegations of prior convictions. Following a punishment hearing, the court sentenced Scott to twenty years confinement, and he appealed.

Scott has now filed a withdrawal of his notice of 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. Scott personally signed the withdrawal of his notice of appeal. 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, Scott 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Do not publish

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