Matthew Tyler Berry v. State

Opinion

NO. 07-03-0534-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

JANUARY 16, 2004

______________________________

MATTHEW TYLER BERRY, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

_________________________________

FROM THE COUNTY COURT AT LAW NO. 2 OF POTTER COUNTY;

NO. 103,625; HONORABLE PAMELA C. SIRMON, JUDGE

_______________________________

Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

Appellant Matthew Tyler Berry filed a Motion to Dismiss Appeal on January 13,

2004, averring that he no longer wishes to prosecute his appeal. The Motion to Dismiss

is signed by both appellant and his attorney.

Without passing on the merits of the case, appellant’s motion for voluntary dismissal

is granted and the appeal is hereby dismissed. Tex. R. App. P. 42.2. Having dismissed the appeal at appellant’s personal request, no motion for rehearing will be entertained and

our mandate will issue forthwith.

Phil Johnson Chief Justice

Do not publish.