                                   NO. 07-07-0402-CR

                             IN THE COURT OF APPEALS

                      FOR THE SEVENTH DISTRICT OF TEXAS

                                     AT AMARILLO

                                        PANEL B

                                NOVEMBER 9, 2007
                         ______________________________

                              JAMES WAYNE IRONS, SR.,

                                                                 Appellant

                                            v.

                                THE STATE OF TEXAS,

                                                     Appellee
                       _________________________________

              FROM THE 258th DISTRICT COURT OF POLK COUNTY;

                  NO. 19,491; HON. ELIZABETH COKER, PRESIDING
                        _______________________________

                             ON MOTION TO DISMISS
                       __________________________________

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

       Appellant James Wayne Irons, Sr., 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.



                                                 Brian Quinn
                                                 Chief Justice
Do not publish.
