NUMBER 13-99-775-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

___________________________________________________________________

JOHN W. RUSK , Appellant,

v.

THE STATE OF TEXAS, Appellee.

___________________________________________________________________

On appeal from the 319th District Court

of Nueces County, Texas

___________________________________________________________________

O P I N I O N

Before Justices Hinojosa, Yañez, and Chavez

Opinion Per Curiam

Appellant, JOHN W. RUSK , attempted to perfect an appeal from a judgment entered by the 319th District Court of Nueces County, Texas. On January 5, 2000 , the trial court granted appellant's motion for new trial. Appellant has filed a motion to withdraw his appeal.

The Court, having examined and fully considered the documents on file, the trial court's order granting a new trial, and appellant's motion to withdraw appeal, is of the opinion that the appeal should be dismissed for want of jurisdiction. Appellant's motion to withdraw the appeal is dismissed. The appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed this

the 4^th day of May, 2000 .