Timothy Todd Davenport v. State ( 2010 )

NO. 07-09-0255-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

FEBRUARY 17, 2010

______________________________

TIMOTHY DAVENPORT, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

_________________________________

FROM THE  316TH DISTRICT COURT OF HUTCHINSON COUNTY;

NO. 10,065; HONORABLE JOHN LAGRONE, JUDGE

_______________________________

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

MEMORANDUM OPINION

Pending before this Court is Appellant=s Motion to Dismiss Appeal in which he requests that his notice of appeal be withdrawn and the appeal be dismissed.  As required by Rule 42.2(a) of the Texas Rules of Appellate Procedure, the motion is signed by Appellant and his attorney.  No decision of this Court having been delivered, the motion is granted and the appeal is dismissed.  No motion for rehearing will be entertained and our mandate will issue forthwith.

Accordingly, the appeal is dismissed.

Patrick A. Pirtle

      Justice

Do not publish.

                                                                                          Justice

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[1]Snelson filed a motion to rescind the order of February 25, 2010, and then appealed the partial denial of that motion.  By an opinion issued today, this Court disposed of that appeal.  See Snelson v. State, No. 07-10-0259-CV, 2011 Tex. App. LEXIS __ (Tex.App.--Amarillo 2010, no pet. h.).