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# iMPyiyfedofe/, 0^4,,/z; FILED IN Q/)'.Sj£5&£ /~&OS^ COURTOFCRIMINALAPPEALS SEP 10 2015 Abel Acosta, Clerk12410

MANDATE 

## .'o I? U'1L liU liy at S (,Q dp-clock A M. 

### MAR 3 0 2015 Clerk ofDistrictCourt Brazoria Co., Texas 

## BY fC^P4 n""ITY ®lje iffmtrtentlj (Eourt of Appeals
NO. 14-15-00163-CR 

### Percy Benjamin Smith, Appellant

v. 

### The State ofTexas, Appellee 

### Appealed from the 412th District Court ofBrazoria County. (Tr. Ct. No. 65134- 

### B). Opinion delivered by Per Curiam.

TO THE 412TH DISTRICT COURT OF BRAZORIA COUNTY, GREETINGS: 

### Before our Court ofAppeals onMarch 24, 2015, thecause upon appeal to revise orreverse yourjudgment was determined. Our Court ofAppeals made its order in these words: 

### This cause was heard on the motion of the appellant to withdraw notice of 

## appeal. Having considered the motion the Court orders the appeal DISMISSED. We further order the mandate be issued immediately. We further order this decision certified below for observance. 

### WHEREFORE, WE COMMAND YOU to observe the order of our said 

## Court inthis behalfand inall things have itduly recognized, obeyed, and executed. WITNESS, the Hon. Kem Thompson Frost, Chief Justice of our Fourteenth 

## Court ofAppeals, with the Seal thereofaffixed, atthe City ofHouston, March 27, 2015. ^m.w,,,, CHRISTOPHER A. PRINE, CLERK 

# (2l***4~A^ At*>&*

'"'Hllllttt^Justices William J. Boyce Tracy Christopher > Martha Hill Jamison

Sharon McCally

J. Brett Busby John Donovan Marc W. Brown Ken Wise 

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Brazoria County, District Clerk Brazoria County District Clerk 111 E. Locust St., Ste 500 Angleton,TX 77515 * DELIVERED VIA E-MAIL * RE: Court ofAppeals Number: Trial Court Case Number: 301 Fannin, Suite 245 Houston, Texas 77002 Wednesday, February 25, 2015

14-15-00163-CR 65134-B Chief Justice Kem Thompson Frost

Clerk Christopher A. Prine Phone 713-274-2800

Style: Percy Benjamin Smith

v. The State ofTexas This Court is in receipt of the notice of appeal filed in this case on February 5, 2015. No post-judgment motion was filed. Accordingly, you must file the clerk's record in the Court within 60 days after the order was signed, or by Tuesday, March 24, 2015. If the defendant is the appellant, the record must include the trial court's certification ofthe defendant's right ofappeal. TEX.R.APP.P. 25.2(d). The reporter's record must also be filed in this Court within this period. All court reporters are required to complete and e-file with the Court an information sheet which is located at 

### http://www.txcourts.gov/media/662557/court-reporter-info-sheet.pdf. Unless a pauper's oath is on file, the court reporter should contact appellant and make arrangements for receiving payment for the record. TEX.R.APP.P. 35.3(b)(3). 

### Pursuant to the"Court's Local Rules,1 .-is ofNovember 1, 2010 all reporter's record must be filed via the court's electronic filing portal. More information can be found on the court's website. Pursuant to this Court's Local Rule 6, all attorneys are required to provide the Court with a valid e-mail address when submitting any document to the Court. Notices or other communications about this case will be delivered via email in lieu ofmailing paper documents. Paper copies ofnotices or other communications about this case can be obtained by a party upon written request. Please note that effective January 1, 2014, all documents submitted by an attorney for filing with the court must be electronically filed. Please consult the courts website located at http://www.txcourts.gov/14thcoa for more information. A list ofthe available e-filing providers can be found at http://www.texfile.com/filers-get-started.htm.



### 1See 14th Court ofAppeals Website atwww.14thcoa.courts.state.tx.us for complete text ofLocal Rules.