                           NUMBER 13-08-00716-CR

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

DAVID HERRERA,                                                              Appellant,

                                           v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

             On appeal from the 347th District Court
                   of Nueces County, Texas.
____________________________________________________________

                         MEMORANDUM OPINION

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

      Appellant, David Herrera, 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Do not publish.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.




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