
NO. 07-07-0500-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

JULY 7, 2008

______________________________


MILES B. HORTON, 

                                                                                      Appellant

v.

THE STATE OF TEXAS, 

                                                                                      Appellee


_________________________________

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

NO. 2007-443,823; HON. DRUE FARMER, PRESIDING

_______________________________

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
          Appellant, by and through his attorney, has filed a motion to dismiss.  Without
passing on the merits of the case, we grant the motion pursuant to Texas Rule of Appellate
Procedure 42.1(a)(1)(2) 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
Do not publish.                                                  Chief Justice
