IN THE

TENTH COURT OF APPEALS

No. 10-00-184-CR

     BILLY DWAIN FAGAN,

                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

From the County Court at Law No. 2

Johnson County, Texas

Trial Court # M1999900999

MEMORANDUM OPINION

      Appellant Billy Fagan has filed a motion to withdraw his notice of appeal, stating that he has entered into a plea bargain with the State that disposes of this and other related criminal proceedings filed against him. 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 Fagan 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 March 28, 2001

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