Roy Lee Nobles v. State

Opinion

ACCEPTED

03-15-00454-CR

6843492

THIRD COURT OF APPEALS

AUSTIN, TEXAS

9/9/2015 11:48:01 AM

JEFFREY D. KYLE

CLERK

CAUSE NO. 03-15-00454-CR

FILED IN

3rd COURT OF APPEALS

IN THE COURT OF APPEALS AUSTIN, TEXAS

FOR THE THIRD DISTRICT OF TEXAS9/9/2015 11:48:01 AM JEFFREY D. KYLE

AUSTIN DIVISION Clerk

ROY LEE NOBLES § §

v. § §

STATE OF TEXAS §

APPELLANT'S MOTION TO DISMISS APPEAL

Justin Bradford Smith Texas Bar No. 24072348 Harrell, Stoebner, & Russell, P.C. 2106 Bird Creek Drive Temple, Texas 76502 Phone: (254) 771-1855 FAX: (254) 771-2082 Email: justin@templelawoffice.com

ATTORNEY FOR APPELLANT

Appellant's Motion to Dismiss Appeal Page 1

TO THE HONORABLE COURT OF APPEALS:

COMES NOW, Appellant, ROY LEE NOBLES, who files this Motion to

Dismiss Appeal, and shows unto the Court as follows:

I.

1. "The decision to appeal belongs to the client." Ex parte Axel, 757

S.W.2d 369, 374 (Tex. Crim. App. 1988).

2. Having considered pros and cons of pursuing his appeal, Appellant

voluntarily and intelligently wishes to forego his appeal, and asks this Court to

dismiss his appeal.

3. This motion is signed by both Appellant and his appellate counsel,

pursuant to Rule 42.2(a) of the Texas Rules of Appellate Procedure.

II.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant asks this Court to

dismiss his appeal.

Appellant's Motion to Dismiss Appeal Page2

Respectfully submitted:

Just n Bradford Smith Texas Bar No. 24072348

Harrell, Stoebner, & Russell, P.C. 2106 Bird Creek Drive Temple, Texas 76502 Phone: (254) 771-1855 FAX: (254) 771-2082 Email: justin@templelawoffice.com

ATTORNEY FOR APPELLANT

Appellant's Motion to Dismiss Appeal Page 3

CERTIFICATE OF SERVICE

I hereby certify that, on~v~/0 ~ , 2015, a true and correct copy of

the Appellant's Motion to Dismiss Appeal was provided to counsel via the method

indicated below:

Llano County District Attorney c/o Gary W. Bunyard P.O. Box 725 Llano, Texas 78643 Fax: 325-247-5274 Email: g. bunyard@co .llano.tx. us VIA ESERVICE Attorneys for State of Texas

Appellant's Motion to Dismiss Appeal Page4