IN THE

TENTH COURT OF APPEALS

No. 10-00-273-CR

     LUDY DWAYNE GREGORY,

                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

From the 77th District Court

Limestone County, Texas

Trial Court # 8353-A

MEMORANDUM OPINION

      On July 20, 2000, Ludy Gregory was adjudicated guilty of aggravated sexual assault of a child. He timely-filed a notice of appeal. On October 6, he 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 Gregory and his attorney. A copy has been sent to the trial court clerk.

      Gregory’s appeal is dismissed.

                                                                               PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed

Opinion delivered and filed October 25, 2000

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