Phillip Archer A/K/A Philip Archer v. State

Opinion

NUMBER 13-09-00130-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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MARTIN PENA, Appellant, v.

THE STATE OF TEXAS, Appellee.

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On Appeal from the 94th District Court of Nueces County, Texas.

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MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Yañez and Benavides Memorandum Opinion Per Curiam

Appellant, Martin Pena, by and through his attorney, has filed a motion to dismiss his appeal because he no longer desires to prosecute it. See TEX . R. APP. P. 42.2(a). Without passing on the merits of the case, we grant the motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.2(a) and dismiss the appeal. Having dismissed the

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appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM

Do not publish. See TEX . R. APP. P. 47.2(b). Memorandum Opinion delivered and filed this the 20th day of August, 2009.