IN THE

TENTH COURT OF APPEALS

No. 10-99-223-CR

     MARLON DAVID BANNER SR.,

                                                                         Appellant

     v.

     THE STATE OF TEXAS,

                                                                         Appellee

From the County Court

Hill County, Texas

Trial Court # MO629-97

O P I N I O N

      Appellant Marlon Banner perfected an appeal on August 5, 1999, but now seeks to dismiss it. 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 Banner’s attorney.

      Attached to the motion is “Appellant’s withdrawal of notice of appeal” signed by both Banner and his attorney. We find that this meets the requirements of the rule. Id. A copy has been sent to the trial court clerk. Id.

      This appeal is dismissed.

                                                                       PER CURIAM

Before Chief Justice Davis,

          Justice Vance, and

          Justice Gray

Dismissed

Opinion delivered and filed May 10, 2000

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