NO. 10-90-104-CR

IN THE

COURT OF APPEALS

FOR THE

TENTH DISTRICT OF TEXAS

AT WACO

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          CURTIS NEAL GRAYSON,

                                                                                            Appellant

          v.

          THE STATE OF TEXAS,

                                                                                            Appellee

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From 87th Judicial District Court

Freestone County, Texas

Trial Court # 90-042-CR

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O P I N I O N

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          Appellant was convicted by a jury on a plea of not guilty of the offense of driving while intoxicated, third offense, and was sentenced to five years in prison and a fine of $500.

          The appeal was abated on April 4, 1991, for a determination by the trial court of whether Appellant desired to pursue the appeal. At the abatement hearing, Appellant stated that he no longer desired to proceed with the appeal and filed a request, personally signed by him and approved as to form and substance by his attorney, to have his notice of appeal withdrawn and dismissed. No decision of this court having been delivered prior to the receipt of this request, Appellant's request is granted. The appeal is dismissed.

                                                                                 PER CURIAM

Before Chief Justice Thomas,

          Justice Cummings and

          Justice Vance

Dismissed

Opinion delivered and filed May 23, 1991

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