                            NUMBER 13-10-00253-CR

                             COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

DAVID WAYNE BAILEY,                                                          Appellant,

                                           v.

THE STATE OF TEXAS,                                  Appellee.
____________________________________________________________

               On Appeal from the 36th District Court
                    of Aransas County, Texas.
____________________________________________________________

                          MEMORANDUM OPINION

        Before Chief Justice Valdez and Justices Rodriguez and Vela
                     Memorandum Opinion Per Curiam

      Appellant, David Wayne Bailey, 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. Any pending motions are dismissed as moot.



                                                   PER CURIAM



Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
18th day of November, 2010.




                                         2
