Raleigh J. Larry v. State ( 2002 )

Raleigh J. Larry v. State

IN THE

TENTH COURT OF APPEALS

No. 10-01-349-CR

     RALEIGH J. LARRY,

                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

From the 337th District Court

Harris County, Texas

Trial Court # 866,659

MEMORANDUM OPINION

      Raleigh J. Larry pleaded guilty without the benefit of a plea recommendation to the offense of aggravated robbery. Following a punishment hearing, the court sentenced him to seven years’ confinement, and he appealed.

      Larry 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. Larry 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, Larry’s appeal is dismissed.

                                                                   PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed

Opinion delivered and filed March 6, 2002

Do not publish

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