                            NUMBER 13-07-00508-CR

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

RUDOLPH OLIVA HERRERA,                                                     Appellant,

                                          v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

             On appeal from the 275th District Court
                   of Hidalgo County, Texas.
____________________________________________________________

                            MEMORANDUM OPINION

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

      Appellant, Rudolph Oliva Herrera, 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

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Do not publish.
See TEX . R. APP. P. 47.2(b).

Memorandum Opinion delivered and
filed this the 21st day of August, 2008.




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