                        NUMBER 13-11-00078-CR

                           COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

PHILLIP WAYNE CHUPE,                                                       Appellant,

                                          v.

THE STATE OF TEXAS,                                 Appellee.
____________________________________________________________

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

                         MEMORANDUM OPINION
                  Before Justices Garza, Vela, and Perkes
                    Memorandum Opinion Per Curiam

      Appellant, Phillip Wayne Chupe, by and through his attorney, has filed a motion to

withdraw 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 withdraw the

appeal and pursuant to Texas Rule of Appellate Procedure 42.2(a), 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Do not publish.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).

Delivered and filed
the 12th day of May, 2011.




                                            2
