                            NUMBER 13-09-00261-CR

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

BRITTANY RENEE PENA,                                                        Appellant,

                                           v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

              On appeal from the 36th District Court
                 of San Patricio County, Texas.
____________________________________________________________

                          MEMORANDUM OPINION

                Before Justices Yañez, Benavides, and Vela
                     Memorandum Opinion Per Curiam

      Appellant, Brittany Renee Pena, by and through her attorney, has filed a motion to

dismiss her appeal because she 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Do not publish.
TEX . R. APP. P. 47.2(b).
Memorandum Opinion delivered and
filed this 17th day of September, 2009.




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