                           NUMBER 13-11-00131-CR

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

JON CHRISTIAN SZMAGALSKI,                                                Appellant,

                                         v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

             On appeal from the 377th District Court
                   of Victoria County, Texas.
____________________________________________________________

                         MEMORANDUM OPINION

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

      Appellant, Jon Christian Szmagalski, 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. Any pending motions are dismissed

as moot.

                                                          PER CURIAM

Do not publish. See TEX. R. APP. P. 47.2(b).

Delivered and filed the 25th
day of August, 2011.




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