IN THE

TENTH COURT OF APPEALS

No. 10-96-008-CR

     RONALD DARRELL DAVIS, JR.,

                                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                                              Appellee

From the County Court at Law

McLennan County, Texas

Trial Court # 940555 CR1

MEMORANDUM OPINION

      Ronald Davis, Jr. pleaded guilty to assault and the court assessed the agreed punishment of seventy-five days incarceration in the county jail, probated for two years. Tex. Penal Code Ann. § 22.02 (Vernon 1994). On January 5, 1996, his probation was revoked and he the original sentence imposed. Although he appealed the revocation, Davis filed a motion to dismiss his appeal on June 3, 1996. In relevant portion, 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).

      We have not issued a decision in this appeal. The motion is signed by both Davis and his attorney. Thus, the motion meets the requirements of the rules and is granted.

      Davis's appeal is dismissed.

                                                                               PER CURIAM

Before   Chief Justice Davis,

            Justice Cummings, and

            Justice Vance

Dismissed on appellant's motion

Opinion delivered and filed June 12, 1996

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