IN THE

TENTH COURT OF APPEALS

No. 10-96-165-CR

     ALEX ELTON SHAW,

                                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                                              Appellee

From the County Court

Madison County, Texas

Trial Court # 450-93

MEMORANDUM OPINION

            On August 19, 1993, appellant Alex Shaw was charged by information with his first offense of driving while intoxicated. Tex. Penal Code Ann. § 49.04 (Vernon 1994 & Supp. 1997). Pursuant to a pretrial diversion agreement, Shaw pleaded guilty to the offense and the trial court ordered that Shaw's punishment would be a $1,500 fine but that the fine would not be assessed if he successfully completed the term of his pretrial diversion. The record indicates that during the pretrial diversion period Shaw was convicted in Dallas County on another driving while intoxicated charge. The State thereupon requested the trial court to revoke Shaw's pretrial diversion in the instant case and assess punishment. Upon Shaw's appearing in court, the trial court entered a judgment of guilty against him on the driving while intoxicated charge.

      Shaw appealed the judgment, but on November 18, 1996, he filed a motion to dismiss the cause. In relevant part, Texas Rule of Appellate Procedure 59 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[.]

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

      We have not issued a decision in this appeal. The motion is signed personally by Shaw, as required by the rule, and signed and sworn to by his attorney. Thus, the motion is granted.

      Shaw's appeal is dismissed.

                                                                               PER CURIAM

Before Chief Justice Davis,

         Justice Cummings, and

         Justice Vance

Appeal dismissed on appellant's motion

Opinion delivered and filed November 27, 1996

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