
NO. 07-05-0405-CR



IN THE COURT OF APPEALS



FOR THE SEVENTH DISTRICT OF TEXAS



AT AMARILLO



PANEL D



APRIL 19, 2006

______________________________



ROGER DOUGLAS PHELPS, APPELLANT



V.



THE STATE OF TEXAS, APPELLEE

_________________________________



FROM THE 367
TH
 DISTRICT COURT OF DENTON COUNTY;



NO. F-2004-1887-E; HONORABLE LEE GABRIEL, JUDGE

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Before QUINN, C.J., and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

Pending before this Court is appellant’s motion to dismiss his appeal.  Appellant and his attorney both have signed the document stating that appellant withdraws his appeal.  Tex. R. App. P. 42.2(a).  No decision of this Court having been delivered to date, we grant the motion.  Accordingly, the appeal is dismissed.  No motion for rehearing will be entertained and our mandate will issue forthwith.

James T. Campbell

        Justice



Do not publish.

