IN THE
TENTH COURT OF APPEALS
No. 10-95-093-CR
DANNY PAUL MARTIN,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 18th District Court
Johnson County, Texas
Trial Court # 30488
MEMORANDUM OPINION
The court found Danny Martin guilty of felony driving while intoxicated and assessed punishment of five years' incarceration. Tex. Penal Code Ann. §§ 49.04, 49.09(b) (Vernon 1994). Although Martin appealed from his conviction, on September 5, 1995, he filed a motion to dismiss his appeal.
In the relevant portion, Rule 59 of the Texas Rules of Appellate Procedure states:
(b) Criminal Cases. The appeal may be dismissed if the appellant withdraws his notice of appeal at any time prior to the decision of the appellate court. The withdrawal shall be in writing signed by the appellant and his counsel and filed in duplicate with the clerk of the court of appeals in which the appeal is pending . . . . Notice of the dismissal shall be sent to the clerk of the trial court in which notice of appeal was filed.
Tex. R. App. P. 59(b).
Martin and his attorney have both signed the motion, as required by the rule. Id. We have not issued a decision in this appeal. Thus, his motion is granted.
Martin's appeal is dismissed.
PER CURIAM
Before Chief Justice Thomas,
Justice Cummings, and
Justice Vance
Dismissed on appellant's motion
Opinion delivered and filed September 13, 1995
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