APPELLANT

APPELLEE

PER CURIAM

This is an appeal from a judgment of conviction for attempted murder. Punishment was assessed at confinement for 20 years.

Appellant and the State have filed a joint motion to withdraw the appeal. No decision of this Court has been delivered. The motion is granted and the appeal is dismissed. See Tex. R. App. P. Ann. 59(b) (Pamph. 1992).

[Before Chief Justice Carroll, Justices Aboussie and B. A. Smith; Justice Aboussie

not participating]

Dismissed On Joint Motion

Filed: August 12, 1992

[Do Not Publish]

Mr. Douglas D. Behrendt

130 E. San Antonio

San Marcos, Texas 78666

Honorable Charles R. Kimbrough

Criminal District Attorney

Caldwell County Courthouse

P. O. Box 869

Lockhart, Texas 78644

Re: No. 3-92-370-CR--Jack Wilburn Deloney v.

The State of Texas

(t/c no. 90-242)

Counsel:

In accordance with Rule 91, Texas Rules of Appellate Procedure, enclosed is a copy of the opinion and judgment handed down by this Court on this date in the above cause.

The Court's mandate has been issued this date to the clerk of the trial court under separate cover.

Very truly yours,

W. KENNETH LAW, CLERK

By

Ora Aranda, Deputy

Enclosures

xc: State Prosecuting Attorney

Clerk, Court of Criminal Appeals

Honorable Charles R. Ramsay, District Judge

Ms. Emma Jean Schulle, District Clerk

MR. DOUGLAS D. BEHRENDT

130 E. SAN ANTONIO

SAN MARCOS TX 78666

HONORABLE CHARLES R. KIMBROUGH

CRIMINAL DISTRICT ATTORNEY

CALDWELL COUNTY COURTHOUSE

P. O. BOX 869

LOCKHART TX 78644

HONORABLE CHARLES R RAMSAY

JUDGE PRESIDING

22ND JUDICIAL DISTRICT COURT

CALDWELL COUNTY COURTHOUSE

LOCKHART TX 78644

MRS EMMA JEAN SCHULLE

DISTRICT CLERK

CALDWELL COUNTY COURTHOUSE

P O BOX 749

LOCKHART TX 78644

THE STATE OF TEXAS.

TO THE 22ND DISTRICT COURT of CALDWELL COUNTY - GREETINGS:

Before our COURT OF APPEALS, on the 12th of August A.D. 1992, the cause upon appeal to revise or reverse your Judgment between

JACK WILBURN DELONEY, Appellant,

No. 3-92-370-CR vs.

THE STATE OF TEXAS, Appellee,

was determined; and therein our said COURT OF APPEALS made its orders in these words:

THIS CAUSE came on to be heard on joint motion of appellant and the State to withdraw the appeal and the same being considered, because it is the opinion of this Court that the same should be granted: it is ORDERED, ADJUDGED and DECREED by the Court that appellant be allowed to withdraw notice of appeal and that the appeal be dismissed; and it appearing that the appellant is indigent and unable to pay costs, that no adjudication as to costs is made; and that this decision be certified below for observance.

WHEREFORE, We command you to observe the order of said COURT OF APPEALS in this behalf and in all things have it duly recognized, obeyed and executed.

WITNESS the HONORABLE JIMMY CARROLL, Chief Justice of our said COURT OF APPEALS for the Third District of Texas, with the seal thereof annexed, at the City of Austin, this the 12th day of August A.D. 1992.

W. KENNETH LAW, CLERK

By:  , Deputy

   Ora Aranda

Mrs. Emma Jean Schulle

District Clerk

Caldwell County Courthouse

P. O. Box 749

Lockhart, Texas 78644

Re: No. 3-92-370-CR--Jack Wilburn Deloney v. State of Texas

(t/c no. 90-242)

Dear Mrs. Schulle:

Enclosed, with reference to the above cause, is the mandate of this Court. Please acknowledge your receipt of same by returning the enclosed card to this office, appropriately completed.

Your cooperation in this regard is appreciated.

Very truly yours,

W. KENNETH LAW, CLERK

by

Ora Aranda, Deputy

Enclosures to Clerk

xc: Mr. Douglas D. Behrendt

Honorable Charles R. Kimbrough

THIS CAUSE came on to be heard on joint motion of appellant and the State to withdraw the appeal and the same being considered, because it is the opinion of this Court that the same should be granted: it is ORDERED, ADJUDGED and DECREED by the Court that appellant be allowed to withdraw notice of appeal and that the appeal be dismissed; and it appearing that the appellant is indigent and unable to pay costs, that no adjudication as to costs is made; and that this decision be certified below for observance.