Arnold Lee Brandon Evans v. State

Arnold Lee Brandon Evans v. State






IN THE

TENTH COURT OF APPEALS


No. 10-01-266-CR


     ARNOLD LEE BRANDON EVANS,

                                                                              Appellant

     v.


     THE STATE OF TEXAS,

                                                                              Appellee


From the 361st District Court

Brazos County, Texas

Trial Court # 27,136-361

                                                                                                                

MEMORANDUM OPINION

                                                                                                                

      The court revoked Arnold Lee Brandon Evans’s community supervision for forgery and sentenced him to eighteen months in a state jail facility. Evans appealed. He has now filed a motion to dismiss his appeal.

      Rule of Appellate Procedure 42.2(a) provides:

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.


Tex. R. App. P. 42.2(a).

      We have not issued a decision in this appeal. Evans personally signed the motion. The Clerk of this Court has sent a duplicate copy to the trial court clerk. See id.; McClain v. State, 17 S.W.3d 310, 311 (Tex. App.—Waco 2000, no pet.) (per curiam). Accordingly, Evans’s appeal is dismissed.


                                                                         PER CURIAM


Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed

Opinion delivered and filed June 26, 2002

Do not publish

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