IN THE

TENTH COURT OF APPEALS

No. 10-98-255-CR

     CHARLIE LEE CALDWELL,

                                                                                   Appellant

     v.

     THE STATE OF TEXAS,

                                                                                   Appellee

From the 66th District Court

Hill County, Texas

Trial Court No. 30,032

MEMORANDUM OPINION

      On June 5, 1998, the appellant, Charlie Lee Caldwell, pled guilty to the felonious offense of aggravated assault. See Tex. Pen. Code Ann. § 22.02 (Vernon 1994). The trial court assessed punishment at four years’ incarceration in the Institutional Division of the Texas Department of Criminal Justice. Caldwell filed a notice of appeal on July 31, 1998. He has now filed a motion to voluntarily dismiss his appeal.

      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. The motion is signed by both Caldwell and his attorney. Thus, the motion meets the requirements of the rules and is granted.

      Caldwell’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 16, 1998

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">      Justice Cummings, and

      Justice Vance

Appeal abated

Order issued and filed July 2, 1997

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