IN THE
TENTH COURT OF APPEALS
No. 10-97-299-CR
JESUS JOSE FLORES,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 66th District Court
Hill County, Texas
Trial Court # 29,281
MEMORANDUM OPINION
On September 11, 1991, the appellant, Jesus Jose Flores, pled guilty to the felony offense of forgery by passing, and the trial court assessed punishment at ten years’ incarceration in the Institutional Division of the Texas Department of Criminal Justice, probated for ten years. On November 12, 1997, the trial court found that Flores had violated the terms and conditions of his probated sentence and revoked his probation, reducing his punishment to seven years’ imprisonment in TDCJ-ID. Flores perfected an appeal from the trial court’s judgment.
Flores has now filed a motion to dismiss his appeal. In relevant portion, Rule 42.2 of the Texas Rules of Appellate Procedure states:
(a) At any time before the appellate court’s decision, the appellate court may dismiss the appeal if the appellant withdraws his or her notice of appeal. The appellant and his or her attorney must sign the written withdrawal and file it in duplicate with the appellate clerk, who must immediately send the duplicate copy to the trial court clerk.
Tex. R. App. P. 42.2(a).
We have not issued a decision in this appeal. The motion is signed by both Flores and his attorney. Thus, the motion meets the requirements of the rules and is granted.
Flores’ appeal is dismissed.
PER CURIAM
Before Chief Justice Davis,
Justice Cummings, and
Justice Vance
Dismissed on appellant's motion
Opinion delivered and filed January 21, 1998
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