DISMISSED

NOVEMBER 1, 1990

NO. 10-90-084-CR

Trial Court

# 90-019-CR

IN THE

COURT OF APPEALS

FOR THE

TENTH DISTRICT OF TEXAS

AT WACO

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          RONALD GENE MERX,

                                                                                            Appellant

          v.

          THE STATE OF TEXAS,

                                                                                            Appellee

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From 87th Judicial District Court

Freestone County, Texas

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O P I N I O N

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          Appellant, on a plea of not guilty, was convicted by a jury of the offense of driving while intoxicated (third offense) and was sentenced to six months in the Institute Division of the Texas Department of Criminal Justice.

          Appellant has filed a request in this court, personally signed by Appellant and his attorney, to have his notice of appeal withdrawn. No decision of this court having been delivered prior to the receipt of this request, Appellant's request is granted. The appeal is dismissed.

                                                                                 PER CURIAM

DO NOT PUBLISH

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      On March 24, 1998, Alpha Tippens, Jr. pled guilty to the offense of forgery, and the court assessed an enhanced punishment of three years’ incarceration in the Institutional Division of the Texas Department of Criminal Justice. See Tex. Pen. Code Ann. 32.21(d) (Vernon 1994). Tippens filed a notice of appeal on April 22, 1998. Tippens has now filed a motion to voluntarily dismiss his appeal.

      The appellate rule governing voluntary dismissals in criminal appeals states:

At any time before the appellate court’s decision, the appellate court may dismiss the appeal if the appellant withdraws his or her notice of appeal. The appellant and his or her attorney must sign the written withdrawal and file it in duplicate with the appellate clerk. . . .

Tex. R. App. P. 42.2(a).

      We have not issued a decision in this appeal. The motion is signed by both Tippens and his attorney. Thus, the motion meets the requirements of the rules and is granted.

      Tippens’ appeal is dismissed.

                                                                               PER CURIAM

Before   Chief Justice Davis,

            Justice Cummings, and

            Justice Vance

Dismissed on appellant's motion

Opinion delivered and filed July 8, 1998

Do not publish