                                   NO. 07-05-0017-CR

                             IN THE COURT OF APPEALS

                      FOR THE SEVENTH DISTRICT OF TEXAS

                                     AT AMARILLO

                                        PANEL C

                                 MARCH 3, 2005
                         ______________________________

                                     MISTY BELITZ,

                                                        Appellant

                                            v.

                                THE STATE OF TEXAS,

                                                Appellee
                       _________________________________

              FROM THE COUNTY COURT OF DEAF SMITH COUNTY;

                    NO. 04-0396; HON. TOM SIMONS, PRESIDING
                        _______________________________

                               ON MOTION TO DISMISS

                       __________________________________

Before JOHNSON, C.J., and QUINN and REAVIS, JJ.

      Appellant Misty Belitz, by and through her attorney, has filed a motion to dismiss this

appeal because she 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

42.1(a)(2) 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
                                                   Justice
Do not publish.
