                           NUMBER 13-11-00685-CR

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

RICHARD KAY,                                                               Appellant,

                                          v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

             On Appeal from the 319th District Court
                   of Nueces County, Texas.
____________________________________________________________

                         MEMORANDUM OPINION

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

      Appellant, Richard Kay, 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Do not publish.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).

Delivered and filed the 13th
day of September, 2012.




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