McQuagge v. State

Full title: HAROLD EDWARD McQUAGGE, Appellant, v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Eighth District, El Paso

Date published: Oct 21, 2004

No. 08-04-00159-CR (Tex. App. Oct. 21, 2004)

Opinion

No. 08-04-00159-CR

October 21, 2004. DO NOT PUBLISH.

Appeal from the 86th District Court of Kaufman County, Texas, (Tc# 20322)

Before Panel No. 4 BARAJAS, C.J., LARSEN, and McCLURE, JJ.

MEMORANDUM OPINION

RICHARD BARAJAS, Chief Justice.

Pending before the Court is Appellant's motion to dismiss his appeal pursuant to Tex.R.App.P. 42.2(a), which states that:

(a) At any time before the appellate court's decision, the appellate court may dismiss the appeal if the party that appealed withdraws its notice of appeal — by filing a written withdrawal in duplicate with the appellate clerk, who must immediately send the duplicate copy to the trial court clerk. An appellant must personally sign the written withdrawal.

No decision has issued in this case. Appellant's motion to dismiss his appeal is signed by himself and his attorney. The Clerk of this Court had indicated that a duplicate copy of the motion has been mailed to the trial court clerk. Appellant having complied with the requirements of Rule 42.2(a), the Court has considered this cause on Appellant's motion and concludes the motion should be granted and the appeal should be dismissed. We therefore dismiss the appeal.