IN THE TENTH COURT OF APPEALS No. 10-13-00132-CR KRISTINA MARIE GAMMILL, Appellant v. THE STATE OF TEXAS, Appellee

From the 40th District Court Ellis County, Texas Trial Court No. 36768CR

MEMORANDUM OPINION

Kristina Marie Gammill was convicted of possession of marijuana and sentenced to 730 days in state jail. TEX. HEALTH & SAFETY CODE ANN. § 481.121 (West 2010). We have been copied with a notice to the trial court, with an attached affidavit signed by Gammill, that Gammill wishes to withdraw her notice of appeal. Although normally a motion to dismiss an appeal signed by counsel for the appellant and the appellant personally is filed with the appellate court, we find that this notice to the trial court with the attached affidavit of Gammill substantially complies with the appellate rule regarding dismissal of an appeal. See TEX. R. APP. P. 42.2(a).

Accordingly, this appeal is dismissed.

TOM GRAY Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed August 15, 2013 Do not publish [CR25]

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