Jack Wilburn Deloney v. The State of Texas--Appeal from 22nd District Court of Caldwell County
Annotate this CaseAT AUSTIN
NO. 3-92-370-CR
JACK WILBURN DELONEY,
APPELLANT
vs.
THE STATE OF TEXAS,
APPELLEE
FROM THE DISTRICT COURT OF CALDWELL COUNTY, 22ND JUDICIAL DISTRICT
NO. 90-242, HONORABLE CHARLES R. RAMSAY, JUDGE
PER CURIAM
This is an appeal from a judgment of conviction for attempted murder. Punishment was assessed at confinement for 20 years.
Appellant and the State have filed a joint motion to withdraw the appeal. No decision of this Court has been delivered. The motion is granted and the appeal is dismissed. See Tex. R. App. P. Ann. 59(b) (Pamph. 1992).
[Before Chief Justice Carroll, Justices Aboussie and B. A. Smith; Justice Aboussie
not participating]
Dismissed On Joint Motion
Filed: August 12, 1992
[Do Not Publish]
August 12, 1992
Mr. Douglas D. Behrendt
130 E. San Antonio
San Marcos, Texas 78666
Honorable Charles R. Kimbrough
Criminal District Attorney
Caldwell County Courthouse
P. O. Box 869
Lockhart, Texas 78644
Re: No. 3-92-370-CR--Jack Wilburn Deloney v.
The State of Texas
(t/c no. 90-242)
Counsel:
In accordance with Rule 91, Texas Rules of Appellate Procedure, enclosed is a copy of the opinion and judgment handed down by this Court on this date in the above cause.
The Court's mandate has been issued this date to the clerk of the trial court under separate cover.
Very truly yours,
W. KENNETH LAW, CLERK
By
Ora Aranda, Deputy
Enclosures
xc: State Prosecuting Attorney
Clerk, Court of Criminal Appeals
Honorable Charles R. Ramsay, District Judge
Ms. Emma Jean Schulle, District Clerk
MR. DOUGLAS D. BEHRENDT
130 E. SAN ANTONIO
SAN MARCOS TX 78666
HONORABLE CHARLES R. KIMBROUGH
CRIMINAL DISTRICT ATTORNEY
CALDWELL COUNTY COURTHOUSE
P. O. BOX 869
LOCKHART TX 78644
HONORABLE CHARLES R RAMSAY
JUDGE PRESIDING
22ND JUDICIAL DISTRICT COURT
CALDWELL COUNTY COURTHOUSE
LOCKHART TX 78644
MRS EMMA JEAN SCHULLE
DISTRICT CLERK
CALDWELL COUNTY COURTHOUSE
P O BOX 749
LOCKHART TX 78644
TRIAL COURT NO. 90-242THE STATE OF TEXAS.
TO THE 22ND DISTRICT COURT of CALDWELL COUNTY - GREETINGS:
Before our COURT OF APPEALS, on the 12th of August A.D. 1992, the cause upon appeal to revise or reverse your Judgment between
JACK WILBURN DELONEY, Appellant,
No. 3-92-370-CR vs.
THE STATE OF TEXAS, Appellee,
was determined; and therein our said COURT OF APPEALS made its orders in these words:
THIS CAUSE came on to be heard on joint motion of appellant and the State to withdraw the appeal and the same being considered, because it is the opinion of this Court that the same should be granted: it is ORDERED, ADJUDGED and DECREED by the Court that appellant be allowed to withdraw notice of appeal and that the appeal be dismissed; and it appearing that the appellant is indigent and unable to pay costs, that no adjudication as to costs is made; and that this decision be certified below for observance.
WHEREFORE, We command you to observe the order of said COURT OF APPEALS in this behalf and in all things have it duly recognized, obeyed and executed.
WITNESS the HONORABLE JIMMY CARROLL, Chief Justice of our said COURT OF APPEALS for the Third District of Texas, with the seal thereof annexed, at the City of Austin, this the 12th day of August A.D. 1992.
W. KENNETH LAW, CLERK
By: , Deputy
Ora Aranda
August 12, 1992
Mrs. Emma Jean Schulle
District Clerk
Caldwell County Courthouse
P. O. Box 749
Lockhart, Texas 78644
Re: No. 3-92-370-CR--Jack Wilburn Deloney v. State of Texas
(t/c no. 90-242)
Dear Mrs. Schulle:
Enclosed, with reference to the above cause, is the mandate of this Court. Please acknowledge your receipt of same by returning the enclosed card to this office, appropriately completed.
Your cooperation in this regard is appreciated.
Very truly yours,
W. KENNETH LAW, CLERK
by
Ora Aranda, Deputy
Enclosures to Clerk
xc: Mr. Douglas D. Behrendt
Honorable Charles R. Kimbrough
IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,AT AUSTIN
JUDGMENT RENDERED AUGUST 12, 1992
NO. 3-92-370-CR
JACK WILBURN DELONEY V. THE STATE OF TEXAS
APPEAL FROM 22ND DISTRICT COURT OF CALDWELL COUNTY
BEFORE CHIEF JUSTICE CARROLL, JUSTICES ABOUSSIE AND B. A. SMITH;
JUSTICE ABOUSSIE NOT PARTICIPATING
DISMISSED ON JOINT MOTION -- PER CURIAM OPINION
THIS CAUSE came on to be heard on joint motion of appellant and the State to withdraw the appeal and the same being considered, because it is the opinion of this Court that the same should be granted: it is ORDERED, ADJUDGED and DECREED by the Court that appellant be allowed to withdraw notice of appeal and that the appeal be dismissed; and it appearing that the appellant is indigent and unable to pay costs, that no adjudication as to costs is made; and that this decision be certified below for observance.
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