Larry Wayne Haynes v. State

Haynes-LW v. State IN THE TENTH COURT OF APPEALS No. 10-96-126-CR LARRY WAYNE HAYNES, Appellant v. THE STATE OF TEXAS, Appellee From the 40th District Court Ellis County, Texas Trial Court # 22068CR MEMORANDUM OPINION A jury found Larry Haynes guilty of manslaughter and assessed punishment of twenty years' imprisonment and a $10,000 fine. Tex. Penal Code Ann. § 19.04 (Vernon 1994). Although he appealed the judgment to this court, he filed a motion to dismiss his appeal on July 25, 1996. 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). We have not issued a decision in this appeal. The motion is signed by Haynes and his attorney, as required. Thus, the motion is granted. Haynes' appeal is dismissed. PER CURIAM Before Chief Justice Davis, Justice Cummings, and Justice Vance Appeal dismissed on appellant's motion Opinion delivered and filed August 14, 1996 Do not publish 74 S.W.2d 687, 688 (Tex. Crim. App. 1994); Wade v. State, 31 S.W.3d 723, 725 (Tex. App.—Houston [1st Dist.] 2000, pet. ref’d) (per curiam); Ashcraft, 802 S.W.2d at 906; Meza, 742 S.W.2d at 709. Our review of the record discloses no “unassigned fundamental error.” See Lott, 874 S.W.2d at 688. Accordingly, we affirm the judgment. REX D. DAVIS Chief Justice Before Chief Justice Davis, Justice Vance, and Justice Gray Affirmed Opinion delivered and filed April 17, 2002 Publish [CR25]