                          NUMBER 13-09-00444-CR

                          COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

JEFFERY HARVEY,                                                        Appellant,

                                         v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

             On Appeal from the 319th District Court
                   of Nueces County, Texas.
____________________________________________________________

                          MEMORANDUM OPINION

             Before Justices Rodriguez, Benavides, and Vela
                   Memorandum Opinion Per Curiam

      Appellant, Jeffery Harvey, 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Do not publish.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).

Delivered and filed the 8th
day of July, 2010.




                                           2
