Kelvin Earl Smith, Jr. v. The State of Texas--Appeal from 4th District Court of Rusk County

NO. 12-05-00320-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

KELVIN EARL SMITH, JR., APPEAL FROM THE FOURTH

APPELLANT

V. JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE RUSK COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

Appellant has filed a motion to dismiss this appeal. The motion is signed by Appellant and his counsel. No decision having been delivered by this Court, the motion is granted, and the appeal is dismissed in accordance with Texas Rule of Appellate Procedure 42.2.

Opinion delivered November 16, 2005.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(DO NOT PUBLISH)

 

[COMMENT1]

COURT OF APPEALS

   TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

   JUDGMENT

NOVEMBER 16, 2005

NO. 12-05-00320-CR

KELVIN EARL SMITH, JR.,

Appellant

V.

THE STATE OF TEXAS,

Appellee

___________________________________________________________________________

Appeal from the Fourth Judicial District Court

of Rusk County, Texas. (Tr. Ct. No. CR04-056)

______________________________________________________________________________

THIS CAUSE came on to be heard on the motion of the Appellant to dismiss the appeal herein, and the same being considered, it is hereby ORDERED, ADJUDGED and DECREED by this Court that the motion be Granted, the appeal be Dismissed, and that this decision be certified to the court below for observance.

By per curiam opinion.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

 

 THE STATE OF TEXAS

M A N D A T E

*********************************************

TO THE FOURTH JUDICIAL DISTRICT COURT OF RUSK COUNTY, GREETINGS:

Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 16th day of November, 2005, the cause upon appeal to revise or reverse your judgment between

KELVIN EARL SMITH, JR., Appellant

NO. 12-05-00320-CR; Trial Court No. CR04-056

By per curiam opinion.

THE STATE OF TEXAS, Appellee

was determined; and therein our said Court made its order in these words:

THIS CAUSE came on to be heard on the motion of the Appellant to dismiss the appeal herein, and the same being considered, it is hereby ORDERED, ADJUDGED and DECREED by this Court that the motion be Granted, the appeal be Dismissed, and that this decision be certified to the court below for observance.

 WHEREAS, WE COMMAND YOU to observe the order of our said Court of Appeals for the Twelfth Court of Appeals District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed.

 WITNESS, THE HONORABLE JAMES T. WORTHEN, Chief Justice of our Court of Appeals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of Tyler, this the ______ day of __________________, 200____.

CATHY S. LUSK, CLERK

By:_______________________________

Deputy Clerk

[COMMENT1]J.22 CRIM DISMISS - NOA WITHDRAWN - ISSUE MANDATE IMMEDIATELY

Do not use for Indigent Appellant - Appellant pays costs