APPELLANT

APPELLEE

PER CURIAM

This is an appeal from a conviction for solicitation of a child. Punishment was assessed at confinement for one year and a $2,000 fine.

Appellant has filed a motion to withdraw the appeal. No decision of this Court has been delivered. The motion is granted and the appeal is dismissed. See Tex. R. App. P. Ann. 59(b) (Pamph. 1991).

[Before Chief Justice Carroll, Justices Aboussie and Kidd]

Dismissed On Appellant's Motion

Filed: October 23, 1991

[Do Not Publish]

Ms. Catherine Clayton

McNeal, Garner & Lippe

138 W. San Antonio

San Marcos, Texas 78666

Honorable Charles R. Kimbrough

Criminal District Attorney

Caldwell County Courthouse

P. O. Box 869

Lockhart, Texas 78644

Re: No. 3-91-414-CR--Tranquilino Gutierrez v. The State of Texas (t/c no. 20,838)

Counsel:

You are hereby notified that appellant's motion to dismiss appeal in the above cause was this day submitted and granted. The appeal is dismissed on appellant's motion.

A copy of this Court's opinion and judgment are enclosed in accordance with Rule 91, Texas Rules of Appellate Procedure.

The Court's mandate has been issued this date to the clerk of the trial court under separate cover.

Very truly yours,

SUSAN K. BAGE, CLERK

By

Barbara E. Chapman, Deputy

Enclosures

xc: State Prosecuting Attorney

Clerk, Court of Criminal Appeals

Honorable Edward L. Jarrett, County Judge

Ms. Nina Sells, County Clerk