Form: Dismiss TRAP 42.2 Appellant's Motion

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

)

GILBERT JOE VARGAS,

)No. 08-02-00506-CR

)

Appellant,

)Appeal from

)

v.

)109th District Court

)

THE STATE OF TEXAS,

)of Andrews County, Texas

)

Appellee.

)(TC# 3174)

MEMORANDUM OPINION

Pending before the Court is Appellant's motion to dismiss this appeal pursuant to Tex.R.App.P. 42.2(a), which states that:

(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 has filed a second amended motion to dismiss his appeal as moot. The motion was signed both by Appellant and his attorney. 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.

April 1, 2004

ANN CRAWFORD McCLURE, Justice

Before Panel No. 2

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

(Do Not Publish)