                            NUMBER 13-09-00032-CR

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

JOHNNY LEE RODRIGUEZ,                                                        Appellant,

                                           v.

THE STATE OF TEXAS,                                  Appellee.
____________________________________________________________

               On Appeal from the 28th District Court
                    of Nueces County, Texas.
____________________________________________________________

                             MEMORANDUM OPINION

       Before Chief Justice Valdez and Justices Yañez and Benavides
                     Memorandum Opinion Per Curiam
      Appellant, Johnny Lee Rodriguez, 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Do not publish.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).
Memorandum Opinion delivered and filed
this the 30th day of July, 2009.




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