IN THE

TENTH COURT OF APPEALS

No. 10-02-327-CR

     JESSE LEE GATES,

                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

From the County Court at Law No. 2

Johnson County, Texas

Trial Court # M200101145

MEMORANDUM OPINION

      A jury convicted Jesse Lee Gates of driving while intoxicated. The court assessed Gates’s punishment at 180 days’ confinement and a $1,000 fine, suspended imposition of sentence, and placed him on community supervision for 2 years. Gates appealed.

      Gates has now filed a motion to withdraw his appeal. Rule of Appellate Procedure 42.2(a) provides:

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.

Tex. R. App. P. 42.2(a).

      We have not issued a decision in this appeal. Gates personally signed the motion. The Clerk of this Court has sent a duplicate copy to the trial court clerk. See id.; McClain v. State, 17 S.W.3d 310, 311 (Tex. App.—Waco 2000, no pet.) (per curiam). Accordingly, Gates’s appeal is dismissed.

                                                                   PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed

Opinion delivered and filed March 5, 2003

Do not publish

[CR25]