                           NUMBER 13-09-00129-CR

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

MARTIN PENA,                                                                Appellant,

                                          v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

               On Appeal from the 94th District Court
                    of Nueces County, Texas.
____________________________________________________________

                           MEMORANDUM OPINION

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

      Appellant, Martin Pena, by and through his attorney, has filed a motion to dismiss

his appeal because he no longer desires to prosecute it. See TEX . R. APP. P. 42.2(a).

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.

                                                       PER CURIAM



Do not publish. See TEX . R. APP. P. 47.2(b).
Memorandum Opinion delivered and filed
this the 20th day of August, 2009.




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