Trevino v. State

Full title: Jimmy TREVINO, Appellant, v. The STATE of Texas, Appellee

Court: Court of Criminal Appeals of Texas, En Banc

Date published: Oct 26, 1988

759 S.W.2d 142 (Tex. Crim. App. 1988)

Opinion

No. 870-88.

October 26, 1988.

Appeal from the 132nd Judicial District, Scurry County, Gene Dulaney, J.

Ralph H. Brock, on appeal only, James M. Brennan, Lubbock, for appellant.

Ernie B. Armstrong, Dist. Atty., Snyder, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

Appellant was convicted by a jury of aggravated assault. Punishment was assessed by the court at five (5) years confinement. On appeal the Eastland Court of Appeals reversed in a published opinion. Trevino v. State, 752 S.W.2d 735 (Tex.App. — Eastland, 1988).

The appellant filed a petition for discretionary review in this Court by and through his attorney. This Court has not yet acted on the petition.

Appellant has now filed a Motion to Dismiss his Petition for Discretionary Review. The motion is sworn to before a proper authority.

Based upon appellant's request the Petition for Discretionary Review in Cause Number 870-88 is hereby DISMISSED.