State v. David Avila

Criminal Case Template COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS THE STATE OF TEXAS, Appellant, v. DAVID AVILA, Appellee. § § § § § No. 08-05-00004-CR Appeal from the 346th District Court of El Paso County, Texas (TC# 20040D04581) MEMORANDUM OPINION Pending before the Court is a motion to dismiss filed by the State pursuant to Tex. R. App. P. 42.2(a). By its motion, the State has withdrawn its notice of appeal prior to the appellate court’s decision and the written withdrawal is signed by the State’s attorney on appeal. See State v. Miles, 994 S.W.2d 410 (Tex.App.--Waco 1999, no pet.). Further, the State filed a duplicate copy of its motion with this Court and that copy has been hand-delivered to the trial court clerk. Because the State has established compliance with the requirements of Rule 42.2(a), we grant the motion and dismiss the appeal. RICHARD BARAJAS, Chief Justice April 28, 2005 Before Barajas, C.J., McClure, and Chew, JJ. (Do Not Publish)