David Lee Mellema v. State ( 1996 )

Mellema-DL v. State

IN THE

TENTH COURT OF APPEALS

No. 10-96-061-CR

     DAVID LEE MELLEMA,

                                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                                              Appellee

From the County Court at Law #2

McLennan County, Texas

Trial Court # 923086 CR2

MEMORANDUM OPINION

      David Mellema pleaded guilty to driving while intoxicated and the court assessed punishment of twenty-four months' confinement in the county jail, probated, and a $500 fine. Tex. Penal Code Ann. § 49.04 (Vernon 1994). On February 20, 1996, his probation was revoked and the original sentence imposed. Although he appealed the revocation, Mellema filed a motion to dismiss his appeal on June 13, 1996.

      In the relevant portion, 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).

      Mellema and his attorney have both signed the motion, as required by the rule. Id. We have not issued a decision in this appeal. Thus, his notice of appeal is withdrawn.

      Mellema's appeal is dismissed. Id.

                                                                               PER CURIAM

Before Chief Justice Davis,

            Justice Cummings, and

            Justice Vance

Dismissed on appellant's motion

Opinion delivered and filed June 26, 1996

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