ACCEPTED 03-15-00454-CR 6843492 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/9/2015 11:48:01 AM JEFFREY D. KYLE CLERK CAUSE NO. 03-15-00454-CR FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT OF TEXAS9/9/2015 11:48:01 AM JEFFREY D. KYLE AUSTIN DIVISION Clerk

ROY LEE NOBLES § § v. § § STATE OF TEXAS §

APPELLANT'S MOTION TO DISMISS APPEAL

Justin Bradford Smith Texas Bar No. 24072348 Harrell, Stoebner, & Russell, P.C.

2106 Bird Creek Drive Temple, Texas 76502 Phone: (254) 771-1855 FAX: (254) 771-2082 Email: [email protected] ATTORNEY FOR APPELLANT

Appellant's Motion to Dismiss Appeal Page 1 Nobles v. State; Cause No. 03-15-00454-CR TO THE HONORABLE COURT OF APPEALS: COMES NOW, Appellant, ROY LEE NOBLES, who files this Motion to Dismiss Appeal, and shows unto the Court as follows: I.

1. "The decision to appeal belongs to the client." Ex parte Axel, 757 S.W.2d 369, 374 (Tex. Crim. App. 1988).

2. Having considered pros and cons of pursuing his appeal, Appellant voluntarily and intelligently wishes to forego his appeal, and asks this Court to dismiss his appeal.

3. This motion is signed by both Appellant and his appellate counsel, pursuant to Rule 42.2(a) of the Texas Rules of Appellate Procedure.

II.

PRAYER WHEREFORE, PREMISES CONSIDERED, Appellant asks this Court to dismiss his appeal.

Appellant's Motion to Dismiss Appeal Page2 Nobles v. State; Cause No. 03-15-00454-CR Respectfully submitted:

Just n Bradford Smith Texas Bar No. 24072348 Harrell, Stoebner, & Russell, P.C.

2106 Bird Creek Drive Temple, Texas 76502 Phone: (254) 771-1855 FAX: (254) 771-2082 Email: [email protected] ATTORNEY FOR APPELLANT

Appellant's Motion to Dismiss Appeal Page 3 Nobles v. State; Cause No. 03-15-00454-CR CERTIFICATE OF SERVICE I hereby certify that, on~v~/0 ~ , 2015, a true and correct copy of the Appellant's Motion to Dismiss Appeal was provided to counsel via the method indicated below: Llano County District Attorney c/o Gary W. Bunyard P.O. Box 725 Llano, Texas 78643 Fax: 325-247-5274 Email: g. bunyard@co .llano.tx. us VIA ESERVICE Attorneys for State of Texas

Appellant's Motion to Dismiss Appeal Page4 Nobles v. State; Cause No. 03-15-00454-CR