IN THE

TENTH COURT OF APPEALS

No. 10-97-160-CR

     ALLEN CHARLES DAY,

                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

From the 13th District Court

Navarro County, Texas

Trial Court # 26, 178

MEMORANDUM OPINION

      A jury convicted Allen Charles Day of the offense of possession of a controlled substance and assessed punishment at two years' incarceration in a state jail facility and a fine of $10,000. Tex. Health & Safety Code Ann. § 481.115 (Vernon Supp. 1997); Tex. Pen. Code Ann. § 12.35 (Vernon 1994). Seeking to appeal his conviction, Day filed a pro se notice of appeal on April 28, 1997. This court abated Day’s appeal on September 3, 1997, for the trial court to consider Day’s request for the appointment of appellate counsel. Day has now filed a motion to voluntarily dismiss his appeal.

      In relevant portion, the appellate rule governing voluntary dismissals in criminal appeals states:

At any time before the appellate court’s decision, the appellate court may dismiss the appeal if the appellant withdraws his or her notice of appeal. The appellant and his or her attorney must sign the written withdrawal and file it in duplicate with the appellate clerk. . . .

Tex. R. App. P. 42.2(a).

      We have not issued a decision in this appeal. Day’s motion meets the requirements of the rule and is granted.

      Day's appeal is dismissed.

                                                                               PER CURIAM

Before   Chief Justice Davis,

            Justice Cummings, and

            Justice Vance

Dismissed on appellant's motion

Opinion delivered and filed October 15, 1997

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