                                   NO. 07-10-0165-CR

                             IN THE COURT OF APPEALS

                      FOR THE SEVENTH DISTRICT OF TEXAS

                                     AT AMARILLO

                                        PANEL B

                                SEPTEMBER 24, 2010
                          ______________________________


                                  DAVID HERNANDEZ,

                                                               Appellant

                                            v.

                                THE STATE OF TEXAS,

                                                      Appellee
                        _________________________________

           FROM THE 46th DISTRICT COURT OF WILBARGER COUNTY;

                  NO. 10,179; HON. STUART MESSER, PRESIDING
                       _______________________________

                               On Motion to Dismiss
                         _______________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

       Appellant David Hernandez, by and through his attorney, has filed a motion to

dismiss his appeal because he no longer desires to prosecute it. 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.



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