DATE: 20040219

DOCKET: C40990

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. GERALD TULLY (Applicant/Appellant)

BEFORE:

DOHERTY, GOUDGE JJ.A. and CAVARZAN J. (ad hoc)

COUNSEL:

No one present

for the appellant

Randy Schwartz

for the respondent

HEARD & ENDORSED:

February 19, 2004

On appeal from the sentence imposed by Justice R. Byers, of the Ontario Court of Justice, dated October 24, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] A motion of abandonment has been provided. The appeal is dismissed as an abandoned appeal.