ACCEPTED 12-1400352-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 1/14/2015 11:06:40 AM CATHY LUSK CLERK

NO. 12-14003S2-CR FILED IN STATE OF TEXAS § INTHE 12th COURT OF APPEALS TYLER, TEXAS § 1/14/2015 11:06:40 AM VS. § 12th COURT CATHY S. LUSK § Clerk DAVID LYNN SELLERS § OF APPEALS

MOTION TO DISMISS APPEAL TO THE HONORABLE JUSTICES OF SAID COURT: Now comes David Lynn Sellers, Appellant in the above styled and numbered case, before the decision in this Court has been delivered, and respectfully moves this Court to withdraw appellant's notice of appeal and dismiss this appeal, pursuant to Rule 42.2 of the Texas Rules of Appellate Procedure.

Appellant has signed a letter of his intent to dismiss the appeal, and has sworn under oath in the 392ND Judicial District Court his desire to no longer appeal.

The letter indicating that the Appellant no longer wishes to pursue appeal is attached hereto.

Respectfully submitted, CHRlSTOPHER D TINSLEY PC PO Box 832 BE. Tyler Athens, Texas 75751 Tel: (903) 677-1802 Fax: (903)677-1850 [email protected] Attorney for David Lynn Sellers

CERTIFICATE OF SERVICE This is to certify that on January 13, 2015, a true and correct copy of the above and foregoing document was served on the District Attorney's Office, Henderson County, Texas, by facsimile.

STATE OF TEXAS § § COUNTY OF HENDERSON §

AFFIDAVIT BEFORE ME, the undersigned authority, on this day personally appeared Christopher D. Tinsley, who after being duly sworn stated: "I am the attorney for the appellant in the above numbered and entitled cause. I have read the foregoing Motion to Dismiss Appeal and swear that all of the allegations of fact contained therein are true and correct."

SUBSCRIBED AND SWORN TO BEFORE ME on~fUJ..OJU1 1#-, 2015, to certi fy which witness my hand and seal of office.

Notary Public, CHRISTOPHER D. TINSLEY, P.C.

AlTORNEY AND COUNSELOR AT LAW E.'Jyler • P.O. Box 750 • Athens, Texas 75751 PHONE: 903~677-1802 • FAX: 903~677-1850

January 7,2015

Re: Case No: 12-1400352-CR,12-14-00353-CR Style: David Lynn Sellers v. The State of Texas

I, David Lynn Sellers hereby authorize Christopher D. Tinsley to dismiss my pending appeals Case No: 12-1400352-CR, 12-14-00353-CR, in the Twelfth Court of Appeals. I no longer wish to pursue an appeal of my convictions regarding Case No: 12-l400352-CR, 12-14-00353-CR, in the 392nd Judicial District Court, Henderson County, Texas.

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