Jimmy Barela v. State

NO. 07-03-0172-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL E JUNE 9, 2003 ______________________________ JIMMY BARELA, Appellant v. THE STATE OF TEXAS, Appellee _________________________________ FROM THE 320TH DISTRICT COURT OF POTTER COUNTY; NO. 45,848-D; HON. DON EMERSON, PRESIDING _______________________________ Before QUINN and REAVIS, JJ., and BOYD, S.J.1 Appellant Jimmy Barela, by and through his attorney, has filed a motion to dismiss this appeal because he no longer desires to prosecute it. The cause was previously abated; we now reinstate it. Without passing on the merits of the case, we grant the motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.1(a)(2) and dismiss the appeal. Having dismissed the appeal at appellant’s request, no motion for rehearing will be entertained, and our mandate will issue forthwith. Brian Quinn Do not publish. Justice 1 John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. Tex. Gov’t Code Ann. §75.002(a)(1) (Vernon Supp. 2003).