^W$ Appeal Ordered Withdrawn and Opinion issued February 22, 1999

In The Court of Appeals ififth. District of QJexas at Dallas No. 05-98-01751-CR

GARY STODDARD, Appellant V. STATE OF TEXAS, Appellee

On Appeal from the 195th District Court Dallas County, Texas Trial Court Cause No. 93-31571

OPINION PER CURIAM Before Chief Justice Thomas and Justices Kinkeade and O'Neill Appellant has filed a motion to withdraw the appeal. Appellant's counsel has approved the motion.

This Court hereby GRANTS the motion and ORDERS the appeal withdrawn and that this decision be certified beiow for observance. See TEX. R. Are. P. 42.2(a) PER CURIAM Do Not Publish Tex. R. App. P. 47 Fifth Court of Appeals Case Party & Attorney Address List Page: 1 Date Printed: 02/22/1999

Case Number: 05-98-01751-CR Date Filed: 10/20/1998 Style: Stoddard, Gary v. The State of Texas

APP Vincent R. Kirst ATT 011533500 Kirst & Witherspoon North MacArthurBoulevard Irving, TX 75061 Phone 214/254-3148 Fax

CLK District Clerk DCK 000000195 195th Judicial District Court N. Industrial Blvd Dallas, TX 75207 JDG Judge JDG 000000195 195th Judicial District Court N. Industrial Blvd Dallas, TX 75207 STA Sue Korioth ATT 011681975 Assistant District Attorney Frank Crowley Courts Building North Industrial Blvd., LB 19 Dallas, TX 75207 Phone 214/653-3661 Fax 215/653-3643 05-98-1751-CR CC: Clerk - CC: Judge - Author of opinion Chief Justice Thomas Trial Court Judge Nelms Rehear denied **THIS OPINION IS RELEASED FOR PUBLICATION YES/ NO