IN THE

TENTH COURT OF APPEALS

No. 10-94-297-CR

EX PARTE WILLIAM MUNN, JR.

From the 54th District Court

McLennan County, Texas

Trial Court # 94-2837-2

MEMORANDUM OPINION

      On November 10, 1994, William Munn, Jr. filed a motion to withdraw his appeal. In 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).

      Although Munn's motion does not specifically withdraw his notice of appeal, we will construe and treat the motion as such a request. We have not issued a decision in his appeal. The motion is signed personally by Munn and by his attorney. Although he has not filed the motion in duplicate, as required, we will not reject his request on this basis. Instead, we specifically direct the clerk of this court to notify, by copy of our order, the clerk of the trial court in which the notice of appeal was filed of the dismissal of Munn's appeal.

      The motion is granted and Munn's appeal is dismissed.

                                                                               PER CURIAM

Before Chief Justice Thomas,

      Justice Cummings, and

      Justice Vance

Appeal dismissed

Opinion delivered and filed November 16, 1994

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