Victor Manuel Martinez v. The State of Texas--Appeal from 40th District Court of Ellis County

IN THE

TENTH COURT OF APPEALS

No. 10-02-040-CR

VICTOR MANUEL MARTINEZ,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 40th District Court

Ellis County, Texas

Trial Court # 25609CR

MEMORANDUM OPINION

Victor Manuel Martinez pleaded guilty before a jury to possession of marihuana in the amount of 2,000 pounds or less but more than 50 pounds. The jury assessed his punishment at 10 years imprisonment, and Martinez appealed.

Martinez has 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. Martinez 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, Martinez s appeal is dismissed.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Appeal dismissed

Opinion delivered and filed May 29, 2002

Do not publish

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