                           NUMBER 13-09-00349-CR

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

JOHNNY POLENDO MARTINEZ,                                                    Appellant,

                                          v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

             On appeal from the 117th District Court
                   of Nueces County, Texas.
____________________________________________________________

                           MEMORANDUM OPINION

               Before Justices Yañez, Rodriguez, and Garza
                    Memorandum Opinion Per Curiam

      Appellant, Johnny Polendo Martinez, 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Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed
the 13th day of May, 2010.




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