Jason Martin v. State ( 2002 )

Jason Martin v. State

  IN THE

TENTH COURT OF APPEALS

No. 10-02-097-CR

     JASON MARTIN,

                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

From the 52nd District Court

Coryell County, Texas

Trial Court # FBR-00

                                                                                                               Â

MEMORANDUM OPINION

                                                                                                               Â

      Jason Martin filed a notice of appeal in this cause on January 10, 2002. He filed a motion to dismiss the appeal on January 25 stating that “the Trial Court granted his Motion for New Trial and, pursuant to a plea-bargain, has assessed a punishment which Appellant accepts. Therefore, the Notice of Appeal previously given by Appellant is hereby withdrawn.”

      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. Martin personally signed the motion and filed a duplicate copy with the trial court clerk. See id.; McClain v. State, 17 S.W.3d 310, 311 (Tex. App.—Waco 2000, no pet.) (per curiam). Accordingly, Martin’s appeal is dismissed.

                                                                               PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed

Opinion delivered and filed April 10, 2002

Do not publish

[CR25]

'> Merritt has not filed a petition for writ of mandamus to challenge the McLennan County district court’s venue ruling.  No statute authorizes an interlocutory appeal of this ruling. Therefore, we dismiss Merritt’s appeal for want of jurisdiction.

 

FELIPE REYNA

                                                                                                Justice

Before Chief Justice Gray,

Justice Reyna, and

Justice Davis

Appeal dismissed

Opinion delivered and filed August 5, 2009

[CV06]