NO. 10-91-001-CR

IN THE

COURT OF APPEALS

FOR THE

TENTH DISTRICT OF TEXAS

AT WACO

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          STEPHEN EUGENE DAUGHERTY,

                                                                                            Appellant

          v.

          THE STATE OF TEXAS,

                                                                                            Appellee

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From County Court at Law No. 2

McLennan County, Texas

Trial Court # 900880 CR2

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O P I N I O N

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          Appellant plead guilty to the misdemeanor offense of driving while intoxicated for which he was sentenced to 60 days in the McLennan County jail and fined $2,000, probated.

          Appellant has filed a request in this court, personally signed and verified by him and approved by his attorney, to withdraw his notice of appeal and dismiss the 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 June 6, 1991

Do not publish