Larry Wayne Haynes v. State

• Court: Court of Appeals of Texas
• Decided: August 14, 1996
• Docket: 10-96-00126-CR
• Status: Published

Opinion

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Do not publish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

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