APPELLANT

APPELLEE

PER CURIAM

This is an appeal from a conviction for engaging in organized crime. Punishment was assessed at confinement for ten years.

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. 1992).

[Before Chief Justice Carroll, Justices Aboussie and B. A. Smith]

Dismissed On Appellant's Motion

Filed: March 25, 1992

[Do Not Publish]

Mr. Leonard E. Cox

144 E. San Antonio Street

San Marcos, Texas 78666

Honorable Michael S. Wenk

Chief Assistant Criminal District Attorney

Hays County Courthouse

San Marcos, Texas 78666

Re: No. 3-91-523-CR--Barth David Cudd v. The State of Texas (t/c no. 91-325)

Counsel:

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

You are also hereby notified that appellant's original motion to dismiss appeal in the above cause was this day submitted and dismissed.

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,

W. KENNETH LAW, CLERK

By

Barbara E. Chapman, Deputy

Enclosures

xc: State Prosecuting Attorney

Clerk, Court of Criminal Appeals

Honorable Charles R. Ramsay, District Judge

Mr. W. H. Moore, District Clerk

MR. LEONARD E. COX

144 E. SAN ANTONIO STREET

SAN MARCOS TX 78666

HONORABLE MICHAEL S. WENK

CHIEF ASSISTANT CRIMINAL DISTRICT ATTORNEY

HAYS COUNTY COURTHOUSE

SAN MARCOS TX 78666