David Taylor v. State ( 1994 )

Taylor-D v. State

IN THE

TENTH COURT OF APPEALS

No. 10-94-146-CR

     DAVID WAYNE TAYLOR,

                                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                                              Appellee

From the Criminal District Court No. 4

Dallas County, Texas

Trial Court # F-92-44011-K

MEMORANDUM OPINION

      On October 20, 1994, David Wayne Taylor filed a motion to dismiss his appeal. 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 Taylor's motion does not specifically withdraw his notice of appeal, we will construe and treat the motion as such a request. We have not issued a decision in his appeal. The motion is signed personally by Taylor and by his attorney. He has filed the motion in duplicate, as required. Thus, the motion is granted.

      Taylor's appeal is dismissed.

                                                                               PER CURIAM

Before Chief Justice Thomas,

      Justice Cummings, and

      Justice Vance

Dismissed

Opinion delivered and filed October 26, 1994

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