APPELLANT

APPELLEE

PER CURIAM

This is an appeal from a conviction for burglary. Punishment was assessed at confinement for 10 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. 1991).

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

Dismissed On Appellant's Motion

Filed: February 12, 1992

[Do Not Publish]

Mr. Michael R. Maguire

1603 Shoal Creek Boulevard

Austin, Texas 78701

Honorable Ronald Earle

District Attorney

Travis County Courthouse

P. O. Box 1748

Austin, Texas 78767

Re: No. 3-91-250-CR--Thomas Shears v. The State of Texas (t/c no. 0911731)

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,

W. KENNETH LAW, CLERK

By

Barbara E. Chapman, Deputy

Enclosures

xc: State Prosecuting Attorney

Clerk, Court of Criminal Appeals

Honorable Mace B. Thurman, District Judge

Ms. Amalia Rodriguez-Mendoza, District Clerk

MR. MICHAEL R. MAGUIRE

1603 SHOAL CREEK BOULEVARD

AUSTIN TX 78701

HONORABLE RONALD EARLE

DISTRICT ATTORNEY

TRAVIS COUNTY COURTHOUSE

P. O. BOX 1748

AUSTIN TX 78767