Adrian Lee Lakey v. The State of Texas--Appeal from 252nd District Court of Jefferson County

IN THE

TENTH COURT OF APPEALS

No. 10-02-109-CR

ADRIAN LEE LAKEY,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 252nd District Court

Jefferson County, Texas

Trial Court # 79868

MEMORANDUM OPINION

Adrian Lee Lakey pleaded guilty to burglary of a habitation. Pursuant to a plea recommendation, the trial court placed him on deferred adjudication community supervision for seven years. Two years later, the State filed a motion to adjudicate his guilt. Lakey pleaded true to the allegations of the State s motion. The court adjudicated his guilt and sentenced him to ten years imprisonment. Lakey appealed.

Lakey 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. Lakey 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, Lakey 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Do not publish

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