State v. David Avila

CourtCourt of Appeals of Texas
DecidedApril 28, 2005
Docket08-05-00004-CR
StatusPublished

This text of State v. David Avila (State v. David Avila) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. David Avila, (Tex. Ct. App. 2005).

Opinion

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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 By its motion, the State has withdrawn its notice of appeal prior to the appellate court’s decision and the written withdrawal is signed by the State’s attorney on appeal.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.


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Related

State v. Miles
994 S.W.2d 410 (Court of Appeals of Texas, 1999)

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State v. David Avila, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-david-avila-texapp-2005.