APPELLANT

APPELLEE

PER CURIAM

This is an appeal from an order granting motion to suppress evidence. 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: January 15, 1992

[Do Not Publish]

Honorable Giselle Horton

Assistant County Attorney

Travis County Courthouse

P. O. Box 1748

Austin, Texas 78767

Re: No. 3-91-541-CR--The State of Texas v. Conn Bradford Wheeler (t/c no. 356-184)

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,

DIANE O'NEAL, CLERK PRO TEM

By

Barbara E. Chapman, Deputy

Enclosures

xc: State Prosecuting Attorney

Clerk, Court of Criminal Appeals

Honorable , District Judge

, District Clerk