McClain v. State

OPINION

Larry Dean McClain was convicted by the trial court of two offenses of possession of a controlled substance in November of 1995. His sentence was probated. On October 1, 1999, McClain’s probation was revoked and he was sentenced to eighteen months in state jail for each offense with credit for time served. McClain has filed a motion to dismiss his appeal supported by “Appellant’s Withdrawal of Notice of Appeal.”

In relevant portion, Rule 42.2 of the Texas Rules of Appellate Procedure states:(a) At any time before the appellate court’s decision, the appellate court may dismiss the appeal…