                                  NO. 07-05-0318-CR

                             IN THE COURT OF APPEALS

                      FOR THE SEVENTH DISTRICT OF TEXAS

                                     AT AMARILLO

                                        PANEL B

                                 JANUARY 4, 2006
                         ______________________________

                           JOHN JOSEPH ARCHULETA, JR.,

                                                                 Appellant

                                            v.

                                THE STATE OF TEXAS,

                                                      Appellee
                        _________________________________

            FROM THE COUNTY COURT AT LAW OF MOORE COUNTY;

                   NO. 19767; HON. DELWIN McGEE, PRESIDING
                       _______________________________

                               ON MOTION TO DISMISS

                       __________________________________

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

      Appellant John Joseph Archuleta, Jr., by and through his attorney, has filed a motion

to dismiss this 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.

                                                 Brian Quinn
                                                 Chief Justice
Do not publish.
