Willie James Young v. The State of Texas--Appeal from Crim Dist Ct of Jefferson County

IN THE

TENTH COURT OF APPEALS

No. 10-02-117-CR

WILLIE JAMES YOUNG,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the Criminal District Court

Jefferson County, Texas

Trial Court # 72351

MEMORANDUM OPINION

The court revoked Willie James Young s community supervision for felony DWI and imposed a five-year sentence. Young appealed.

Young 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. Young 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, Young 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Do not publish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]