11th Court of Appeals

                                                                  Eastland, Texas

                                                                        Opinion

State of Texas

Appellant

Vs.                   No. 11-03-00186-CR B Appeal from Taylor County

Dwayne Heath Wooldridge

Appellee

The jury convicted Dwayne Heath Wooldridge of aggravated assault, and the trial court assessed his punishment at confinement for seven years.  The State perfected an appeal, contending that the sentence was illegal.  Wooldridge also perfected an appeal from his conviction and sentence.

Wooldridge has now filed a motion to dismiss his appeal.  The motion is signed by both Wooldridge and his attorney.  The motion is granted.  TEX.R.APP.P. 42.2.

Wooldridge=s appeal from his conviction in Trial Court Cause No. 6046-D is dismissed.  The State=s appeal challenging the legality of the sentence in the same trial court cause number shall continue in this court as Appellate Cause No. 11-03-00186-CR.

PER CURIAM

September 11, 2003

Do not publish.  See TEX.R.APP.P. 47.2(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.