
NO. 07-05-0215-CR

IN THE COURT OF APPEALS


FOR THE SEVENTH DISTRICT OF TEXAS


AT AMARILLO


PANEL D


SEPTEMBER 1, 2005

______________________________


BENITO MENDOZA,



			Appellant

v.


THE STATE OF TEXAS, 



			Appellee
_________________________________


FROM THE COUNTY COURT AT LAW NO. 2 OF LUBBOCK COUNTY;


NO. 2004-490869; HON. DRUE FARMER, PRESIDING

_______________________________


ON MOTION TO DISMISS


__________________________________


Before QUINN, C.J., and REAVIS and CAMPBELL, JJ.
 Appellant Benito Mendoza, by and through his attorney, has filed a motion to dismiss
this appeal because he no longer desires to prosecute it.  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.
							Brian Quinn
						          Chief Justice
Do not publish.

failure to pay the filing fee and provide a docketing statement
as previously directed by this Court.

								Per Curiam

Do not publish.
