Hector Pacheco v. The State of Texas--Appeal from 13th District Court of Navarro County

IN THE

TENTH COURT OF APPEALS

No. 10-02-022-CR

No. 10-02-023-CR

HECTOR PACHECO,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 13th District Court

Navarro County, Texas

Trial Court Nos. 27,944 and 27,945

MEMORANDUM OPINION

After the trial court denied two suppression motions filed by Hector Pacheco, Pacheco pleaded guilty to failure to stop and render aid ( FSRA ) in cause number 10-02-022-CR (trial court cause number 27,944) and intoxication assault in cause number 10-02-023-CR (trial court cause number 27,945). Pursuant to a plea recommendation, the court sentenced him to four years imprisonment on the FSRA conviction and fifteen years imprisonment on the intoxication assault conviction. Pacheco appealed the suppression rulings.

Pacheco has filed motions to dismiss his appeals. 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 either appeal. Pacheco personally signed the motions. The Clerk of this Court has sent duplicate copies 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, Pacheco s appeals are dismissed.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Appeal dismissed

Opinion delivered and filed May 15, 2002

Do not publish

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