IN THE
TENTH COURT OF APPEALS
No. 10-06-00313-CR
No. 10-06-00314-CR
Michael Larkin,
Appellant
v.
The State of Texas,
Appellee
From the 52nd District Court
Coryell County, Texas
Trial Court Nos. FISC-05-17710 and FO-06-18232
ORDER
On May 2, 2007, we abated these appeals so the trial court could determine why no brief had been filed. On May 1, 2007, appellant had filed a motion for extension of time to file his brief. We withdraw the May 2, 2007 abatement order, reinstate the appeals, and grant appellant’s second motion for extension of time to file his brief. Appellant’s brief is due May 21, 2007.
PER CURIAM
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Order withdrawn and appeal reinstated
Order issued and filed May 16, 2007
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995. In 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).
Although Horne's motion does not specifically withdraw her notice of appeal, we will construe and treat the motion as such a request. We have not issued a decision in her appeal. The motion is signed personally by Horne and by her attorney. She has filed the motion in duplicate, as required. Thus, the motion is granted.
Horne's appeal is dismissed.
PER CURIAM
Before Chief Justice Thomas,
Justice Cummings, and
Justice Vance
Dismissed on appellant's motion
Opinion delivered and filed April 12, 1995
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