David Junior Shirley v. The State of Texas--Appeal from County Court at Law of Polk County

State: Texas

Court: Texas Northern District Court

Docket No: 10-02-00116-CR

Case Date: 08/28/2002

Plaintiff: David Junior Shirley

Defendant: The State of Texas--Appeal from County Court at Law of Polk County

Preview:David Junior Shirley v. The State of Texas--Appeal
from County Court at Law of Polk County
David Junior Shirley v. State /**/
IN THE
TENTH COURT OF APPEALS
No. 10-02-116-CR
DAVID JUNIOR SHIRLEY,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the County Court at Law
Polk County, Texas
Trial Court # 2001-0506
MEMORANDUM OPINION
A jury convicted David Junior Shirley of theft of property valued at $500 or more but less than $1500. The court
sentenced him to 180 days in jail and a $500 fine, suspended imposition of sentence, and placed him on community
supervision for 24 months. Shirley appealed.
Shirley has filed a motion to withdraw his notice of appeal and dismiss the appeal. Rule of Appellate Procedure
42.2(a) provides:
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.
Tex. R. App. P. 42.2(a).
We have not issued a decision in this appeal. Shirley personally signed the motion. The Clerk of this Court has sent a
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duplicate copy to the trial court clerk. See id.; McClain v. State, 17 S.W.3d 310, 311 (Tex. App. Waco 2000, no pet.)
(per curiam). Accordingly, Shirley s appeal is dismissed.
PER CURIAM
Before Chief Justice Davis,
Justice Vance, and
Justice Gray
Appeal dismissed
Opinion delivered and filed August 28, 2002
Do not publish
[CR25]
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