                           NUMBER 13-08-00480-CR

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

LOUIS ALBERTO MARTINEZ,                                                   Appellant,

                                          v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

             On appeal from the 214th District Court
                   of Nueces County, Texas.
____________________________________________________________

                         MEMORANDUM OPINION

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

      Appellant, Louis Alberto Martinez, by and through his attorney, has filed a

motion to dismiss his appeal because he no longer desires to prosecute it. See T EX.

R. A PP. P. 42.2(a). W ithout 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Do not publish.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 15th day of January, 2009.




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