David Herrera v. State

NUMBER 13-08-00716-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ DAVID HERRERA, Appellant, v. THE STATE OF TEXAS, Appellee. ____________________________________________________________ On appeal from the 347th District Court of Nueces County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Justices Rodriguez, Garza, and Vela Memorandum Opinion Per Curiam Appellant, David Herrera, 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 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 PER CURIAM Do not publish.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 15th day of January, 2009. 2