
NO. 07-05-0032-CR



IN THE COURT OF APPEALS



FOR THE SEVENTH DISTRICT OF TEXAS



AT AMARILLO



PANEL E



MARCH 7, 2005



______________________________





GREGG McCAIN, APPELLANT



V.



THE STATE OF TEXAS, APPELLEE





_________________________________



FROM THE 64TH DISTRICT COURT OF HALE COUNTY;



NO. A15819-0412; HONORABLE ROBERT W. KINKAID, JR., JUDGE



_______________________________



Before REAVIS AND CAMPBELL, JJ. and BOYD, S.J.
(footnote: 1)
MEMORANDUM OPINION

Pending before this Court is appellant Gregg McCain’s request to withdraw his notice of appeal as premature and dismiss the appeal pending a ruling on his motion for new trial.  As required by Rule 42.2(a) of the Texas Rules of Appellate Procedure, appellant has personally signed the withdrawal.  Counsel for appellant has also signed the document. 

Accordingly, the appeal is dismissed.  

Don H. Reavis

    Justice

  

FOOTNOTES
1:John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.


