IN THE

TENTH COURT OF APPEALS

No. 10-94-066-CR

     ANTONIO AGUIRRE,

                                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                                              Appellee

From the 40th District Court

Ellis County, Texas

Trial Court # 18492CR

MEMORANDUM OPINION

      On December 5, 1994, Antonio Aguirre filed a motion to dismiss his appeal. In the relevant part, Rule 59 of the Texas Rules of Appellate Procedure states:

(b) Criminal Cases. The appeal may be dismissed if the appellant withdraws his notice of appeal at any time prior to the decision of the appellate court. The withdrawal shall be in writing signed by the appellant and his counsel and filed in duplicate with the clerk of the court of appeals in which the appeal is pending . . . . Notice of the dismissal shall be sent to the clerk of the trial court in which notice of appeal was filed.

Tex. R. App. P. 59(b).

      Aguirre's motion specifically withdraws his notice of appeal. We have not issued a decision in his appeal. The motion is signed personally by Aguirre and by his attorney and, additionally, is accompanied by an affidavit from each, swearing that the facts in the motion are true. He has filed the motion in duplicate, as required. Thus, the motion is granted.

      Aguirre's appeal is dismissed.

                                                                               PER CURIAM

Before Chief Justice Thomas,

      Justice Cummings, and

      Justice Vance

Appeal dismissed

Opinion delivered and filed December 14, 1994

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