Opinion
No. 10-13-00132-CR
08-15-2013
From the 40th District Court
Ellis County, Texas
Trial Court No. 36768CR
MEMORANDUM OPINION
Kristina Marie Gammill was convicted of possession of marijuana and sentenced to 730 days in state jail. TEX. HEALTH & SAFETY CODE ANN. § 481.121 (West 2010). We have been copied with a notice to the trial court, with an attached affidavit signed by Gammill, that Gammill wishes to withdraw her notice of appeal. Although normally a motion to dismiss an appeal signed by counsel for the appellant and the appellant personally is filed with the appellate court, we find that this notice to the trial court with the attached affidavit of Gammill substantially complies with the appellate rule regarding dismissal of an appeal. See TEX. R. APP. P. 42.2(a).
Accordingly, this appeal is dismissed.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Do not publish
[CR25]