Smith v. State

Full title: KELVIN EARL SMITH, JR., Appellant, v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Twelfth District, Tyler

Date published: Nov 16, 2005

No. 12-05-00320-CR (Tex. App. Nov. 16, 2005)

Opinion

No. 12-05-00320-CR

Opinion delivered November 16, 2005. DO NOT PUBLISH.

Appeal from the Fourth Judicial District Court of Rusk County, Texas, (Tr. Ct. No. CR04-056).

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and DeVASTO, J.

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 42.2.¹

1 J.22 CRIM DISMISS — NOA WITHDRAWN — ISSUE MANDATE IMMEDIATELY. Do not use for Indigent Appellant — Appellant pays costs.

JUDGMENT

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.

THE STATE OF TEXAS MANDATE * * * * * * * * * * * * * * * * * * * * * * * * *

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