                                   NO. 07-10-0138-CR

                             IN THE COURT OF APPEALS

                      FOR THE SEVENTH DISTRICT OF TEXAS

                                     AT AMARILLO

                                        PANEL D

                                     APRIL 16, 2010

                          ______________________________


                           CHRISTOPHER ELLIS FORTUNE,

                                                               Appellant

                                            v.

                                THE STATE OF TEXAS,

                                                      Appellee
                        _________________________________

            FROM THE 19TH DISTRICT COURT OF McLENNAN COUNTY;

            NO. 2008-1253-C1; HON. RALPH T. STROTHER, PRESIDING
                      _______________________________

                               On Motion to Dismiss
                         _______________________________

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

       Appellant Christopher Ellis Fortune, 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.

Do not publish.                                  Per Curiam
