                            NUMBER 13-09-00120-CR

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

LEONARDO DANIEL CERDA,                                                      Appellant,

                                           v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

             On Appeal from the 206th District Court
                   of Hidalgo County, Texas.
____________________________________________________________

                          MEMORANDUM OPINION

                Before Justices Yañez, Garza, and Benavides
                     Memorandum Opinion Per Curiam

      Appellant, Leonardo Daniel Cerda, by and through his attorney, has filed a motion

to non-suit 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Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed
the 28th day of October, 2010.




                                        2
