
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

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



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

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ON MOTION TO DISMISS



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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Do not publish.

