                                  NO. 07-05-0095-CR

                             IN THE COURT OF APPEALS

                      FOR THE SEVENTH DISTRICT OF TEXAS

                                     AT AMARILLO

                                        PANEL B

                                 AUGUST 1, 2005
                         ______________________________

                               JOSEPH PAUL CASTILLO,

                                                                 Appellant

                                            v.

                                THE STATE OF TEXAS,

                                                      Appellee
                        _________________________________

             FROM THE 108th DISTRICT COURT OF POTTER COUNTY;

                    NO. 47,171-E; HON. ABE LOPEZ, PRESIDING
                        _______________________________

                               ON MOTION TO DISMISS

                       __________________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

      Appellant Joseph Paul Castillo, 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Do not publish.
