Donald Kelly v. The State of Texas--Appeal from 13th District Court of Navarro County

IN THE

TENTH COURT OF APPEALS

No. 10-02-235-CR

No. 10-02-236-CR

DONALD KELLY,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 13th District Court

Navarro County, Texas

Trial Court Nos. 24628 and 24569

MEMORANDUM OPINION

The court convicted Donald Kelly of indecency with a child in trial court cause number 24628 (appellate cause number 10-02-235-CR) and sentenced him to ten years imprisonment. The court convicted Kelly of retaliation in trial court cause number 24569 (appellate cause number 10-02-236-CR) and sentenced him to ten years imprisonment. Kelly appealed.

Kelly has now filed a motion to dismiss his appeals. 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 these appeals. Kelly 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, Kelly s appeals are dismissed.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Appeals dismissed

Opinion delivered and filed October 30, 2002

Do not publish

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