Antonio Aguirre v. The State of Texas--Appeal from 40th District Court of Ellis County

State: Texas

Court: Texas Northern District Court

Docket No: 10-94-00066-CR

Case Date: 12/14/1994

Plaintiff: Antonio Aguirre

Defendant: The State of Texas--Appeal from 40th District Court of Ellis County

Preview:Antonio Aguirre v. The State of Texas--Appeal from
40th District Court of Ellis County
Aguirre v. State /**/
IN THE
TENTH COURT OF APPEALS
No. 10-94-066-CR
ANTONIO AGUIRRE,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 40th District Court
Ellis County, Texas
Trial Court # 18492CR
MEMORANDUM OPINION
On December 5, 1994, Antonio Aguirre filed a motion to dismiss his appeal. In the relevant part, Rule 59 of the Texas
Rules of Appellate Procedure states:
(b) Criminal Cases. The appeal may be dismissed if the appellant withdraws his notice of appeal at any time prior to
the decision of the appellate court. The withdrawal shall be in writing signed by the appellant and his counsel and filed
in duplicate with the clerk of the court of appeals in which the appeal is pending . . . . Notice of the dismissal shall be
sent to the clerk of the trial court in which notice of appeal was filed.
Tex. R. App. P. 59(b).
Aguirre's motion specifically withdraws his notice of appeal. We have not issued a decision in his appeal. The motion
is signed personally by Aguirre and by his attorney and, additionally, is accompanied by an affidavit from each,
file:///C|/Users/Peter/Desktop/opinions/PDFs1/1245.html[8/20/2013 7:04:03 PM]

swearing that the facts in the motion are true. He has filed the motion in duplicate, as required. Thus, the motion is
granted.
Aguirre's appeal is dismissed.
PER CURIAM
Before Chief Justice Thomas,
Justice Cummings, and
Justice Vance
Appeal dismissed
Opinion delivered and filed December 14, 1994
Do not publish
file:///C|/Users/Peter/Desktop/opinions/PDFs1/1245.html[8/20/2013 7:04:03 PM]

Download 1245.pdf