COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

(a) At any time before the appellate court's decision, the appellate court may dismiss the appeal if the party that appealed withdraws its notice of appeal--by filing a written withdrawal in duplicate with the appellate clerk, who must immediately send the duplicate copy to the trial court clerk. An appellant must personally sign the written withdrawal.

Appellant's withdrawal of his notice of appeal states that he pled guilty to the offense of possession of marihuana in an amount over fifty pounds but less than two-thousand pounds and he was sentenced to four years' imprisonment in the Institutional Division of the Texas Department of Criminal Justice. Appellant states that he filed a pro se notice of appeal and he no longer wishes to pursue the appeal. The document is signed by Appellant and his attorney. The clerk of this Court has sent a copy of the document to the District Clerk of El Paso County. Appellant having complied with the requirements of Rule 42.2(a), the Court has considered this cause on Appellant's motion and concludes the motion should be granted and the appeal should be dismissed. We therefore dismiss the appeal.

September 23, 2003

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RICHARD BARAJAS, Chief Justice

Before Panel No. 3

Barajas, C.J., Larsen, and Chew, JJ.

(Do not publish)