                           NUMBER 13-10-00080-CR

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
___________________________________________________________

DAVINA CLAY,                                                               Appellant,

                                          v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

             On appeal from the 117th District Court
                   of Nueces County, Texas.
____________________________________________________________

                         MEMORANDUM OPINION

     Before Chief Justice Valdez and Justices Rodriguez and Vela
                  Memorandum Opinion Per Curiam

      Appellant, Davina Clay, by and through her attorney, has filed a motion to dismiss

her appeal because she 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. Any pending motions are dismissed as moot.



                                                     PER CURIAM

Do not publish.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

Delivered and filed the 18th
day of November, 2010.




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