                            NUMBER 13-10-00313-CR

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

IVORY MILLER,                                                                Appellant,

                                           v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

             On appeal from the 214th District Court
                   of Nueces County, Texas.
____________________________________________________________

                        MEMORANDUM OPINION
          Before Chief Justice Valdez and Justices Yañez and Garza
                     Memorandum Opinion Per Curiam

      Appellant, Ivory Miller, 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Do not publish.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).

Delivered and filed the
17th day of June, 2010.




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