                                  NO. 07-05-0215-CR

                             IN THE COURT OF APPEALS

                      FOR THE SEVENTH DISTRICT OF TEXAS

                                     AT AMARILLO

                                        PANEL D

                               SEPTEMBER 1, 2005
                         ______________________________

                                  BENITO MENDOZA,

                                                                 Appellant

                                            v.

                                THE STATE OF TEXAS,

                                                     Appellee
                       _________________________________

        FROM THE COUNTY COURT AT LAW NO. 2 OF LUBBOCK COUNTY;

                  NO. 2004-490869; HON. DRUE FARMER, PRESIDING
                         _______________________________

                               ON MOTION TO DISMISS

                       __________________________________

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

      Appellant Benito Mendoza, by and through his attorney, has filed a motion to dismiss

this 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.

                                                 Brian Quinn
                                                 Chief Justice
Do not publish.
