                                   NO. 07-10-0294-CR

                             IN THE COURT OF APPEALS

                       FOR THE SEVENTH DISTRICT OF TEXAS

                                     AT AMARILLO

                                        PANEL D

                                  AUGUST 4, 2010
                          ______________________________


                              JAMES RICHARD DOWNS,

                                                               Appellant

                                            v.

                                THE STATE OF TEXAS,

                                                      Appellee
                        _________________________________

             FROM THE 43rd DISTRICT COURT OF PARKER COUNTY;

                  NO. CR09-0578; HON. DON CHRESTMAN, PRESIDING
                         _______________________________

                               On Motion to Dismiss
                         _______________________________

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

       Appellant James Richard Downs, by and through his attorney, has filed a motion to

dismiss his appeal because he no longer desires to prosecute it. 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.



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