Whitfield v. State

Full title: ELIZABETH GAYLE WHITFIELD, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Dec 29, 2003

No. 08-03-00178-CR (Tex. App. Dec. 29, 2003)

Opinion

No. 08-03-00178-CR

December 29, 2003. DO NOT PUBLISH.

Appeal from the County Criminal Court of Dallas County, Texas, (TC# MB01-66318-M).

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

MEMORANDUM OPINION

RICHARD BARAJAS, Chief Justice.

Pending before the Court is Appellant's motion to withdraw her notice of 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.

Appellant's motion to withdraw her notice of appeal is signed by her and her attorney. No opinion has issued. The Clerk of this Court has delivered a copy of the Appellant's motion to withdraw her notice of appeal to the County Clerk of Dallas County. Both documents were signed by Appellant and her attorney. 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.