IN THE

TENTH COURT OF APPEALS

No. 10-97-323-CR

     RICKY JOSEPH MILLER,

                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

From the 220th District Court

Bosque County, Texas

Trial Court # 97-05-12031-BCCR

MEMORANDUM OPINION

      A jury convicted Appellant Ricky Joseph Miller of aggravated sexual assault of a child. See Tex. Pen. Code Ann. § 22.021(a)(1)(B)(i), (2)(B) (Vernon Supp. 1998). The jury assessed Miller’s punishment at five years’ imprisonment. Miller has filed a motion to dismiss his appeal. In relevant portion, Rule 42.2 of the Texas Rules of Appellate Procedure states:

(a) 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, who must immediately send the duplicate copy to the trial court clerk.

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

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

      Miller’s appeal is dismissed.

                                                                               PER CURIAM

Before Chief Justice Davis,

      Justice Cummings, and

      Justice Vance

Dismissed on appellant's motion

Opinion delivered and filed September 30, 1998

Do not publish

2pt">         Justice Cummings, and

         Justice Vance

Appeal dismissed on appellant's motion

Opinion delivered and filed November 27, 1996

Do not publish