William Darryl Evans v. The State of Texas--Appeal from 54th District Court of McLennan County

State: Texas

Court: Texas Northern District Court

Docket No: 10-96-00194-CR

Case Date: 11/20/1996

Plaintiff: William Darryl Evans

Defendant: The State of Texas--Appeal from 54th District Court of McLennan County

Preview:William Darryl Evans v. The State of Texas--Appeal
from 54th District Court of McLennan County
Evans-WD v. State /**/
IN THE
TENTH COURT OF APPEALS
No. 10-96-194-CR
WILLIAM DARRYL EVANS,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 54th District Court
McLennan County, Texas
Trial Court # 95-416-C
MEMORANDUM OPINION
William Darryl Evans pleaded guilty to sexual assault in exchange for a ten year sentence, probated for ten years, and
a $500 fine in October 1995. Tex. Penal Code Ann. 22.011 (Vernon 1994 & Supp. 1997). He failed to abide by the
terms and conditions of his community supervision and the court revoked his probation in August 1996, imposing the
originally assessed ten years' incarceration. Although he appealed, on November 5, 1996 he filed a motion to dismiss
the cause. 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[.]
Tex. R. App. P. 59(b).
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We have not issued a decision in this appeal. The motion is signed personally by Evans, as required by the rule, and
signed and sworn to by his attorney. Thus, the motion is granted.
Evans' appeal is dismissed.
PER CURIAM
Before Chief Justice Davis,
Justice Cummings, and
Justice Vance
Appeal dismissed on appellant's motion
Opinion delivered and filed November 20, 1996
Do not publish
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