David Junior Shirley v. The State of Texas--Appeal from County Court at Law of Polk County

IN THE

TENTH COURT OF APPEALS

No. 10-02-116-CR

DAVID JUNIOR SHIRLEY,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the County Court at Law

Polk County, Texas

Trial Court # 2001-0506

MEMORANDUM OPINION

A jury convicted David Junior Shirley of theft of property valued at $500 or more but less than $1500. The court sentenced him to 180 days in jail and a $500 fine, suspended imposition of sentence, and placed him on community supervision for 24 months. Shirley appealed.

Shirley has filed a motion to withdraw his notice of appeal and dismiss the 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. Shirley 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, Shirley 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Do not publish

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