NO. 07-01-0174-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A SEPTEMBER 28, 2001 ______________________________

CHASITY RENEE UPTON, APPELLANT V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE COUNTY COURT AT LAW NO. 2 OF POTTER COUNTY; NO. 93,213; HONORABLE PAMELA C. SIRMON, JUDGE _______________________________ Before BOYD, C.J., and REAVIS and JOHNSON, JJ.

Appellant Chasity Renee Upton filed a Motion to Dismiss Appeal on September 24, 2001, averring that she no longer wishes to prosecute her appeal. The Motion to Dismiss is signed by both appellant and her attorney.

Without passing on the merits of the case, appellant’s motion for voluntary dismissal is granted and the appeal is hereby dismissed. Tex. R. App. P. 42.2. Having dismissed the appeal at appellant’s personal request, no motion for rehearing will be entertained and our mandate will issue forthwith.

Phil Johnson Justice

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