Torrance White v. State

Torrance White v. State

IN THE

TENTH COURT OF APPEALS

No. 10-99-068-CR

     TORRANCE WHITE,

                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

From the 54th District Court

McLennan County, Texas

Trial Court # 96-0657-C

                                                                                                               

MEMORANDUM OPINION

                                                                                                               

      Appellant Torrance White was convicted of possession of a controlled substance and sentenced to ten years in prison, probated. The trial court revoked appellant’s probation and assessed punishment at ten years’ imprisonment plus a $500.00 fine. From this probation revocation, White filed a notice of appeal. He now seeks 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 White’s attorney.

      Although White did not sign the motion itself, he did sign an affidavit in which he swore to having read the motion and acknowledged that the facts contained in the motion are true and correct. We find that the motion and affidavit substantially comply with the Rule requiring that both the appellant and the attorney sign the motion to dismiss an appeal. Tex. R. App. P. 42.2. Thus, the motion meets the requirements of the Rule and is granted.

      White’s appeal is dismissed.

                                                                               PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Dismissed on appellant's motion

Opinion delivered and filed May 5, 1999

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MEMORANDUM OPINION

 

The Clerk of this Court notified Petitioner Russell Galer by letter dated July 1, 2004 that his petition for writ of mandamus is defective because it does not identify a respondent, it does not contain a certificate of service indicating that Galer served a copy of the petition on the respondent, and it does not include a certified or sworn copy of every document filed in the underlying proceeding which is material to Galer’s claim for relief.  See Tex. R. App. P. 9.5, 52.3(a), 52.7(a)(1).  Galer was warned that he had ten days to correct these deficiencies or the petition would be struck.  Id. 9.4(i).  He has failed to comply.  Accordingly, the petition is struck.

 

                                                          PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Petition struck

Opinion issued and filed August 4, 2004

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