                            NUMBER 13-06-00493-CR

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

BENJAMIN GONZALEZ SOTO, JR.,                                                 Appellant,

                                           v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

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

                            MEMORANDUM OPINION

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

      Appellant, Benjamin Gonzalez Soto, Jr., 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Do not publish.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 5th day of February, 2009.




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