Thomas Elton Holder v. The State of Texas--Appeal from 26th District Court of Williamson County

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,
AT AUSTIN
NO. 3-93-253-CR
THOMAS ELTON HOLDER,

APPELLANT

 
vs.
THE STATE OF TEXAS,

APPELLEE

 
FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 26TH JUDICIAL
DISTRICT
NO. 90-217-K26, HONORABLE WILLIAM S. LOTT, JUDGE PRESIDING

PER CURIAM

A jury found appellant guilty of aggravated robbery. Tex. Penal Code Ann. 29.03 (West Supp. 1993). On a previous appeal, this Court reformed the judgment of conviction to reflect a conviction for robbery and remanded the cause for reassessment of punishment. Tex. Code Crim. Proc. Ann. art. 44.29(b) (West Supp. 1993); Holder v. State, 837 S.W.2d 802 (Tex. App.--Austin, pet. ref'd). A new jury assessed punishment at imprisonment for life and a $10,000 fine.

Appellant gave timely notice of appeal from the new judgment. Subsequently, however, appellant filed in the district court a motion to withdraw the appeal. At a hearing in the district court, appellant signed a written waiver of appeal. The transcript contains written findings of fact by the district court reflecting that appellant withdrew his notice of appeal in exchange for the State's agreement not to prosecute him for perjury; that no threats were made by the prosecutor to induce appellant to withdraw the notice of appeal; that appellant consulted with counsel before signing the waiver of appeal; and that appellant voluntarily, intelligently, and knowingly withdrew his notice of appeal. The statement of facts from the hearing below supports these findings.

Appellant's motion to withdraw appeal is granted. Tex. R. App. P. 59(b). The appeal is dismissed.

 

[Before Chief Justice Carroll, Justices Aboussie and Jones]

Appeal Dismissed on Appellant's Motion

Filed: June 2, 1993

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