IN THE

TENTH COURT OF APPEALS

No. 10-99-040-CR

     SHARETTA GARRETT,

                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

From the 40th District Court

Ellis County, Texas

Trial Court # 23921CR

MEMORANDUM OPINION

            Before indictment, Appellant Sharetta Garrett filed an application for a writ of habeas corpus alleging her confinement on a controlled substance charge was unlawful because officers did not have probable cause to arrest her. The court heard the application on December 10, 1998 and denied it. Garrett filed her notice of appeal on January 8, 1999. The grand jury had indicted Garrett two days before. Pursuant to a plea agreement, Garrett pleaded guilty to the charges on March 2 and as a condition of the plea bargain agreed to withdraw the notice of appeal filed in this cause. Accordingly, Garrett has filed a motion to dismiss her 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 only by Garrett’s counsel. However, Garrett did sign the written plea agreement and initialed the provision relating to withdrawing her notice of appeal. Accordingly, we are convinced the motion complies with the spirit of rule 42.2(a). Thus, the motion is granted.

      Garrett’s appeal is dismissed.

                                                                   PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Dismissed on appellant's motion

Opinion delivered and filed March 24, 1999

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