                                   NO. 07-08-0051-CR

                             IN THE COURT OF APPEALS

                      FOR THE SEVENTH DISTRICT OF TEXAS

                                     AT AMARILLO

                                        PANEL B

                                   AUGUST 19, 2008

                         ______________________________


                                 BENNY JOE PALOMO,
                                                                 Appellant

                                            v.

                                THE STATE OF TEXAS,
                                                                 Appellee

                       _________________________________

        FROM THE COUNTY COURT AT LAW NO. 1 OF RANDALL COUNTY;

               NO. 2006-1390-L; HON. RONNIE WALKER, PRESIDING
                     __________________________________

                             ON MOTION TO DISMISS
                       __________________________________

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

       Appellant Benny Joe Palomo, by and through his attorney, has filed a motion to

dismiss his 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Do not publish.
