IN THE

TENTH COURT OF APPEALS

Nos. 10-00-208-CR & 10-00-249-CR

     JAMON OBAFEMI JOHNSON,

                                                                         Appellant

     v.

     THE STATE OF TEXAS,

                                                                         Appellee

From the County Court at Law No. 1

McLennan County, Texas

Trial Court Nos. 994997-CR1 & 981597-CR1

ORDER OF REINSTATEMENT AND MEMORANDUM OPINION

      Jamon Obafemi Johnson was convicted of unlawfully carrying a weapon and was sentenced to 12 months in jail. Additionally, Johnson’s probation for assault was revoked and he was sentenced to 90 days in the County Jail. He timely filed a notice of appeal. On May 2, we abated this appeal. We now reinstate it.

      Johnson has filed a "withdrawal" of his notice of 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 Johnson and his attorney. See 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 June 6, 2001

Do not publish

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