Robert Lynn Matthews v. State ( 2002 )

Robert Lynn Matthews v. State

  IN THE

TENTH COURT OF APPEALS

No. 10-02-240-CR

     ROBERT LYNN MATTHEWS,

                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

From the 13th District Court

Navarro County, Texas

Trial Court # 28248

MEMORANDUM OPINION

      A jury convicted Robert Lynn Matthews of taking a firearm on school premises. The court sentenced him to seven years’ confinement, and he appealed.

      Matthews 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. Matthews 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, Matthews’s appeal is dismissed.

                                                                   PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed

Opinion delivered and filed December 31, 2002

Do not publish

[CR25]