                           NUMBER 13-08-00581-CR

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________


ARMANDO CHAVIRA,                                                         Appellant,

                                         v.

THE STATE OF TEXAS,                                                       Appellee.

____________________________________________________________

  On appeal from the 117th District Court of Nueces County, Texas.
____________________________________________________________

                        MEMORANDUM OPINION
 Before Chief Justice Valdez and Justices Rodriguez and Benavides
                 Memorandum Opinion Per Curiam

      Appellant, Armando Chavira, 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Do not publish.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 15th day of January, 2009.




                                           2
