APPELLANT

APPELLEE

PER CURIAM

This is an appeal from a conviction for theft. Punishment was assessed at confinement for two years and a $10,000 fine.

Appellant has filed an amended 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]

Dismissed On Appellant's Amended Motion

Filed: June 3, 1992

[Do Not Publish]

Mr. Stanley G. Schneider

Eleven Greenway Plaza

Suite 3112

Houston, Texas 77046

Honorable Ronald Earle

District Attorney

Travis County Courthouse

P. O. Box 1748

Austin, Texas 78767

Re: No. 3-92-089-CR--John R. Gordon v. The State of Texas (t/c no. 105,231)

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.

You are hereby notified that appellant's original motion to withdraw appeal in the above cause with this day submitted and dismissed.

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

Barbara E. Chapman, Deputy

Enclosures

xc: State Prosecuting Attorney

Clerk, Court of Criminal Appeals

Honorable Wilford Flowers, District Judge

Ms. Amalia Rodriguez-Mendoza, District Clerk

MR. STANLEY G. SCHNEIDER

ELEVEN GREENWAY PLAZA

SUITE 3112

HOUSTON TX 77046

HONORABLE RONALD EARLE

DISTRICT ATTORNEY

TRAVIS COUNTY COURTHOUSE

P. O. BOX 1748

AUSTIN TX 78767

THE STATE OF TEXAS.

TO THE 147TH DISTRICT COURT of TRAVIS COUNTY - GREETINGS:

Before our COURT OF APPEALS, on the 3rd of June A.D. 1992, the cause upon appeal to revise or reverse your Judgment between

JOHN R. GORDON, Appellant,

No. 3-92-089-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 the amended written motion of the appellant 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; that the appellant pay all costs in this behalf expended; 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 3rd day of June A.D. 1992.

W. KENNETH LAW, CLERK

by:  , Deputy

   Barbara E. Chapman

Ms. Amalia Rodriguez-Mendoza

District Clerk

Travis County Courthouse

P. O. Box 1748

Austin, Texas 78767

Re: No. 3-92-089-CR--John R. Gordon v. State of Texas

(t/c no. 105,231)

Dear Ms. Rodriguez-Mendoza:

Enclosed, with reference to the above cause, is the mandate of this Court. Please acknowledge your receipt of same by returning the enclosed card (No. 1) to this office, appropriately completed.

Rule 87(b), Texas Rules of Appellate Procedure, sets out the procedures to be followed upon your receipt of the mandate.

Upon execution of the mandate in accordance with the rule, either your office or the sheriff's office should return the remaining card enclosed (No. 2), appropriately completed.

Your cooperation in this regard is appreciated.

Very truly yours,

W. KENNETH LAW, CLERK

by

Barbara E. Chapman, Deputy

Enclosures to Clerk

xc: Mr. Stanley G. Schneider

Honorable Ronald Earle, District Attorney