                            NUMBER 13-17-00315-CR

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

RANDY HERRERA,                                                             Appellant,

                                          v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

             On appeal from the 347th District Court
                   of Nueces County, Texas.
____________________________________________________________

                         MEMORANDUM OPINION

   Before Chief Justice Valdez and Justices Contreras and Hinojosa
            Memorandum Opinion by Chief Justice Valdez

      This appeal was abated by this Court on October 5, 2017 because appellant’s brief

had not been filed. This cause is now before the Court on appellant=s notice to withdraw

his notice of appeal. See TEX. R. APP. P. 42.2(a). Accordingly, this case is hereby

REINSTATED.

      Without passing on the merits of the case, we grant the motion to withdraw the

appeal and pursuant to Texas Rule of Appellate Procedure 42.2(a), dismiss the appeal.
Having dismissed the appeal at appellant's request, no motion for rehearing will be

entertained, and our mandate will issue forthwith.



                                                     /s/ Rogelio Valdez
                                                     ROGELIO VALDEZ
                                                     Chief Justice


Do not publish.
TEX. R. APP. P. 47.2(b).

Delivered and filed this
26th day of October, 2017.




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