APPELLANT

APPELLEE

PER CURIAM

This is an appeal from an order revoking probation.

Appellant has filed a 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 Motion

Filed: April 15, 1992

[Do Not Publish]

Mr. Ricky Allen Cooper

c/o Bell County Jail

P. O. Box 1129

Belton, Texas 76513

Honorable James T. Russell

Administrative Assistant

Bell County District Attorney's Office

P. O. Box 540

Belton, Texas 76513

Re: No. 3-92-028-CR--Ricky Allen Cooper v. The State of Texas (t/c no. 39,820)

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 Rick Morris, District Judge

Mrs. Daffy Carpenter, District Clerk

THE STATE OF TEXAS.

TO THE 146TH DISTRICT COURT of BELL COUNTY - GREETINGS:

Before our COURT OF APPEALS, on the 15th of April A.D. 1992, the cause upon appeal to revise or reverse your Judgment between

RICKY ALLEN COOPER, Appellant,

No. 3-92-028-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 transcript of the record of the court below, and the same being considered, because it is the opinion of this Court that there was no error in the judgment: IT IS ORDERED, ADJUDGED and DECREED by the Court that the judgment be in all things affirmed; 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 15th day of April A.D. 1992.

W. KENNETH LAW, CLERK

by:  , Deputy

   Barbara E. Chapman

Mrs. Daffy Carpenter

District Clerk

Bell County Courthouse

104 S. Main

Belton, Texas 76513

Re: No. 3-92-028-CR--Ricky Allen Cooper v. State of Texas

(t/c no. 39,820)

Dear Mrs. Carpenter:

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: Mr. Ricky Allen Cooper

Honorable James T. Russell, Administrative Assistant,

Bell County District Attorney's Office