IN THE

TENTH COURT OF APPEALS

No. 10-98-009-CR

     CHRISTOPHER DON MILLSAP,

                                                                                        Appellant

     v.

     THE STATE OF TEXAS,

                                                                                        Appellee

From the 66th Judicial District

Hill County, Texas

Trial Court No. 30,760

MEMORANDUM OPINION

      On November 20, 1997, the appellant, Christopher Don Millsap, pled no contest to the offense of burglary of a building, and the court assessed an enhanced punishment of 15 years’ incarceration in the Institutional Division of the Texas Department of Criminal Justice. After perfecting his appeal from the trial court’s judgment, Millsap 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 Millsap and his attorney. Thus, the motion meets the requirements of the rules and is granted.

      Millsap’s appeal is dismissed.

                                                                               PER CURIAM

Before   Chief Justice Davis,

            Justice Cummings, and

            Justice Vance

Dismissed on appellant's motion

Opinion delivered and filed May 6, 1998

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