Rusty Steven Cornett v. State ( 1994 )

Cornett v. State

IN THE

TENTH COURT OF APPEALS

No. 10-94-164-CR

     RUSTY STEVEN CORNETT,

                                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                                              Appellee

From the 282nd District Court

Dallas County, Texas

Trial Court # F90-35082-RS

MEMORANDUM OPINION

      Appellant entered a guilty plea on November 5, 1992, to the charge of driving while intoxicated. He was sentenced to five years in prison and a $500 fine. The sentence was suspended and Appellant was placed on probation for five years.

      In February 1994, the State moved to revoke Appellant's probation. In March he pleaded guilty to violating his probation. The trial court, finding that he had in fact violated his probation, sentenced him to prison. Appellant filed a timely notice of appeal. He also filed a timely motion for a new trial which the trial court granted. The trial court then set aside the order revoking Appellant's probation.

      Appellant has filed in this court a personally signed motion, approved by his attorney, requesting withdrawal of his notice of appeal and dismissal of the appeal, as there is no longer a need to pursue this appeal. See Tex. R. App. P. 59(b). No decision of this court having been delivered prior to the receipt of Appellant's request, his request to withdraw the appeal is granted, and the appeal is dismissed. See id.

                                                                               PER CURIAM

Before Chief Justice Thomas,

      Justice Cummings, and

      Justice Vance

Dismissed

Opinion delivered and filed June 15, 1994

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