Donnie Ray Wesley v. The State of Texas--Appeal from 66th District Court of Hill County

IN THE

TENTH COURT OF APPEALS

No. 10-02-131-CR

DONNIE RAY WESLEY,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 66th District Court

Hill County, Texas

Trial Court # 32,083

MEMORANDUM OPINION

A jury convicted Donnie Ray Wesley of burglary of a habitation. The court assessed his punishment at eight years imprisonment. Wesley appealed.

Wesley has filed a motion to withdraw 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. Wesley 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, Wesley s appeal is dismissed.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray (not participating)

Appeal dismissed

Opinion delivered and filed July 10, 2002

Do not publish

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