IN THE

TENTH COURT OF APPEALS

No. 10-97-387-CR

     MICHAEL SPONAUGLE,

                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

From the 158th District Court

Denton County, Texas

Trial Court # F-96-0075-B

MEMORANDUM OPINION

      Appellant Michael Sponaugle pled guilty to the state jail felony offense of theft of property valued at $1,500 or more, but less than $20,000. See Tex. Penal Code Ann. § 31.03(e)(4)(A) (Vernon 1994). On March 15, 1996, the court sentenced Sponaugle to eighteen months in the State Jail Division and a $1,000 fine, suspended imposition of the jail sentence, and placed him on community supervision for three years. Sponaugle failed to abide by the terms and conditions of his community supervision, and the court revoked his community supervision and imposed a reduced sentence of nine months’ confinement on September 18, 1997.

      Sponaugle 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 Sponaugle and his attorney. Thus, the motion meets the requirements of the rules and is granted.

      Sponaugle's appeal is dismissed.

                                                                               PER CURIAM

Before Chief Justice Davis,

      Justice Cummings, and

      Justice Vance

Dismissed on appellant's motion

Opinion delivered and filed January 21, 1998

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