Randle Scott Downey v. The State of Texas--Appeal from 359th District Court of Montgomery County

IN THE

TENTH COURT OF APPEALS

No. 10-02-119-CR

RANDLE SCOTT DOWNEY,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 359th District Court

Montgomery County, Texas

Trial Court # 97-09-01295-CR

MEMORANDUM OPINION

The court revoked Randle Scott Downey s community supervision for possession of less than one gram of methamphetamine and sentenced him to two years confinement in a state jail facility and a $750 fine. Downey appealed.

Downey 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. Downey 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, Downey s appeal is dismissed.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Appeal dismissed

Opinion delivered and filed June 19, 2002

Do not publish

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