                             NUMBER 13-08-00444-CV

                             COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
______________________________________________________________

JOHNNIE HEINAMAN,                                                          APPELLANT,

                                            v.

THE STATE OF TEXAS,                                                          APPELLEE.

_____________________________________________________________

               On Appeal from the 197th District Court
                     of Willacy County, Texas.
______________________________________________________________

                          MEMORANDUM OPINION

                   Before Justices Yañez, Rodriguez, and Vela
                       Memorandum Opinion Per Curiam

       Appellant, Johnnie Heinaman, has filed a motion to dismiss his appeal in the

foregoing cause. The Court, having considered the documents on file and appellant’s

motion to dismiss the appeal, is of the opinion that the motion should be granted. See TEX .

R. APP. P. 42.1(a). Appellant’s motion to dismiss is granted, and the appeal is hereby
DISMISSED. Costs will be taxed against appellant. See TEX . R. APP. P. 42.1(d) ("Absent

agreement of the parties, the court will tax costs against the appellant."). Having dismissed

the appeal at appellant’s request, no motion for rehearing will be entertained, and our

mandate will issue forthwith.




                                                   PER CURIAM




Memorandum Opinion delivered
and filed this the 26th day of August, 2008.




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