                                     NUMBER 13-08-00260-CR

                                     COURT OF APPEALS

                       THIRTEENTH DISTRICT OF TEXAS

                           CORPUS CHRISTI - EDINBURG
____________________________________________________________

MICHAEL ALAN GARDNER,                                                                               Appellant,

                                                         v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

          On Appeal from the County Court at Law No. 3
                    of Collin County, Texas.1
____________________________________________________________

                                     MEMORANDUM OPINION

                      Before Justices Yanez, Rodriguez and Vela
                          Memorandum Opinion Per Curiam

         Appellant, Michael Alan Gardner, 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



         1
          This appeal was transferred to this Court from the Fifth Court of Appeals by order of the Texas
Suprem e Court. See T EX . G O V 'T C OD E A N N . § 22.220 (Vernon 2004) (delineating the jurisdiction of appellate
courts); T EX . G O V 'T C OD E A N N . § 73.001 (Vernon 2005) (granting the suprem e court the authority to transfer
cases from one court of appeals to another at any tim e that there is “good cause” for the transfer).
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Do not publish.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).

Memorandum Opinion delivered and
filed this the 25th day of August, 2008.




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