NUMBER 13-97-444-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

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ROGELIO RIOS , Appellant,

v.

THE STATE OF TEXAS, Appellee.

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On appeal from the 275th District Court

of Hidalgo County, Texas.

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O P I N I O N

Before Chief Justice Seerden and Justices Yañez and Rodriguez

Opinion Per Curiam

This cause is before the Court on appellant's motion to withdraw his notice of appeal. The motion complies with Tex. R. App. P. 42.2(b).

The Court, having considered the documents on file and appellant's motion to withdraw notice of appeal, is of the opinion that appellant's motion to withdraw notice of appeal should be granted. Accordingly, the opinion delivered by this Court on August 24, 2000, is WITHDRAWN. Appellant's motion to withdraw notice of appeal is granted, and the appeal is hereby DISMISSED.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed this

the 9^th day of November, 2000 .