                           NUMBER 13-10-00052-CR

                           COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

MICAH SPANUTIUS,                                                          Appellant,

                                          v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

             On appeal from the 347th District Court
                   of Nueces County, Texas.
____________________________________________________________

                         MEMORANDUM OPINION

    Before Chief Justice Valdez and Justices Garza and Benavides
                  Memorandum Opinion Per Curiam

      Appellant, Micah Spanutius, by and through his attorney, has filed a motion to

withdraw 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 withdraw the

appeal and pursuant to Texas Rule of Appellate Procedure 42.2(a), 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Do not publish.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
30th day of December, 2010.




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