James Kevin Hebert v. The State of Texas--Appeal from Crim Dist Ct of Jefferson County

IN THE

TENTH COURT OF APPEALS

No. 10-02-272-CR

JAMES KEVIN HEBERT,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the Criminal District Court

Jefferson County, Texas

Trial Court # 83635

MEMORANDUM OPINION

Pursuant to a plea agreement, the court placed James Kevin Hebert on deferred adjudication community supervision for possession of less than one gram of cocaine. One year later, the court adjudicated Hebert s guilt and sentenced him to one year of confinement in a state jail.

Hebert 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. Hebert 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, Hebert s appeal is dismissed.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Appeal dismissed

Opinion delivered and filed April 9, 2003

Do not publish

[CR25]