                                  NO. 07-05-0047-CR

                             IN THE COURT OF APPEALS

                      FOR THE SEVENTH DISTRICT OF TEXAS

                                     AT AMARILLO

                                        PANEL D

                               FEBRUARY 28, 2005
                         ______________________________

                                 SANTIAGO DIAZ, JR.,

                                                       Appellant

                                            v.

                                THE STATE OF TEXAS,

                                                 Appellee
                        _________________________________

              FROM THE 242nd DISTRICT COURT OF HALE COUNTY;

               NO. B14359-0203; HON. EDWARD L. SELF, PRESIDING
                       _______________________________

                               ON MOTION TO DISMISS

                       __________________________________

Before QUINN, REAVIS and CAMPBELL, JJ.

      Appellant Santiago Diaz, 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 42.1(a)(2) 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
                                                   Justice
Do not publish.
