                           NUMBER 13-08-00318-CR

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

JOSE REYNA DEL TORO,                                                     Appellant,

                                             v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

             On Appeal from the 139th District Court
                   of Hidalgo County, Texas.
____________________________________________________________


                         MEMORANDUM OPINION

        Before Chief Justice Valdez and Justices Rodriguez and Vela
                     Memorandum Opinion Per Curiam

      This appeal was abated by this Court on August 27, 2010, because the appellant’s

brief had not been timely filed. Appellant, Jose Reyna del Toro, 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Do not publish.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).

Delivered and filed the 7th
day of October, 2010.




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