










NUMBER 13-09-00130-CR


COURT OF APPEALS


THIRTEENTH DISTRICT OF TEXAS


CORPUS CHRISTI - EDINBURG

____________________________________________________________
 
MARTIN PENA,	Appellant,

v.


THE STATE OF TEXAS,	Appellee.
____________________________________________________________

On Appeal from the 94th District Court

of Nueces County, Texas.

____________________________________________________________

MEMORANDUM OPINION


Before Chief Justice Valdez and Justices Yañez and Benavides

Memorandum Opinion Per Curiam


	Appellant, Martin Pena, 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Do not publish.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 the 20th day of August, 2009.
