                           NUMBER 13-08-00435-CR

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________


KEVIN DAVIS,                                                                Appellant,

                                          v.

THE STATE OF TEXAS,                                                         Appellee.

____________________________________________________________

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

                           MEMORANDUM OPINION

    Before Chief Justice Valdez and Justices Rodriguez and Benavides
                    Memorandum Opinion Per Curiam

      Appellant, Kevin Davis, 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Do not publish.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 8th day of January, 2009.




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