Chris Fojt v. The State of Texas--Appeal from County Court at Law No 2 of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-02-215-CR

CHRIS FOJT,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the County Court at Law No. 2

McLennan County, Texas

Trial Court # 20020020CR2

MEMORANDUM OPINION

A jury convicted Chris Fojt of driving while intoxicated. The court sentenced him to ninety days confinement and a $2,000 fine, suspended imposition of sentence, and placed him on community supervision for eighteen months. Fojt appealed.

Fojt has now 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. Fojt 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, Fojt s appeal is dismissed.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Appeal dismissed

Opinion delivered and filed August 28, 2002

Do not publish

[CR25]