IN THE

TENTH COURT OF APPEALS

No. 10-91-213-CR

        DENIS McCARTHY,

                                                                              Appellant

        v.

        THE STATE OF TEXAS,

                                                                              Appellee

From the 272nd District Court

Brazos County, Texas

Trial Court # 19,111-272

O P I N I O N

          Appellant entered a plea of nolo contendere to a motion to revoke his probation and, after a hearing, the court revoked his probation and sentenced him to ten years confinement in prison for possession of a controlled substance.

          Appellant has filed a request in this court, personally signed by him and approved by his attorney, to withdraw his notice of appeal and dismiss his appeal. 

          No decision of this court having been delivered prior to the receipt of Appellant's request, his request to withdraw his notice of appeal is granted and the appeal is dismissed.

                                                                                 PER CURIAM

Before Chief Justice Thomas,

          Justice Cummings and

          Justice Vance

Dismissed

Opinion delivered and filed December 18, 1991

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