APPELLANT

APPELLEE

PER CURIAM

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

Both parties 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]

Dismissed On Joint Motion

Filed: May 20, 1992

[Do Not Publish]

Ms. Linda Icenhauer-Ramirez

Icenhauer-Ramirez & Hubner, P.C.

1103 Nueces

Austin, Texas 78701

Honorable Charles R. Kimbrough

Criminal District Attorney

Caldwell County Courthouse

P. O. Box 869

Lockhart, Texas 78644

Re: No. 3-92-137-CR--Leslie Wayne Rohan v. The State of Texas (t/c no. 91-078)

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

Barbara E. Chapman, Deputy

Enclosures

xc: State Prosecuting Attorney

Clerk, Court of Criminal Appeals

Honorable Robert T. Pfeuffer, District Judge

Mrs. Emma Jean Schulle, District Clerk

THE STATE OF TEXAS.

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

Before our COURT OF APPEALS, on the 20th of May A.D. 1992, the cause upon appeal to revise or reverse your Judgment between

LESLIE WAYNE ROHAN, Appellant,

No. 3-92-137-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 written motion of both parties to dismiss 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 both parties 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 20th day of May A.D. 1992.

W. KENNETH LAW, CLERK

by:  , Deputy

   Barbara E. Chapman

Mrs. Emma Jean Schulle

District Clerk

Caldwell County

P. O. Box 749

Lockhart, Texas 78644

Re: No. 3-92-137-CR--Leslie Wayne Rohan v. State of Texas

(t/c no. 91-078)

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

Barbara E. Chapman, Deputy

Enclosures to Clerk

xc: Ms. Linda Icenhauer-Ramirez

Honorable Charles R. Kimbrough, Criminal District Attorney