IN THE

TENTH COURT OF APPEALS

No. 10-98-031-CR

     JAMES ALLEN HOGUE,

                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

From the 52nd District Court

Coryell County, Texas

Trial Court # 14,529

MEMORANDUM OPINION

            Appellant James Allen Hogue was convicted of aggravated assault. See Tex. Penal Code Ann. § 22.02 (Vernon 1994). The jury sentenced him to 15 years in prison. Hogue 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 Hogue and his attorney. Thus, the motion meets the requirements of the rules and is granted.

      Hogue's appeal is dismissed.

                                                                               PER CURIAM

Before Chief Justice Davis,

      Justice Cummings, and

      Justice Vance

Dismissed on appellant's motion

Opinion delivered and filed March 4, 1998

Do not publish

span>

Justice Davis

Affirmed

Opinion delivered and filed April 1, 2009

Do not publish

[CR25]