NUMBER 13-00-774-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

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YESENIA DE LA FUENTE , Appellant,

v.

THE STATE OF TEXAS, Appellee.

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On appeal from the 347th District Court

of Nueces County, Texas.

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O P I N I O N

Before Justices Dorsey, Rodriguez, and Castillo

Opinion Per Curiam

Appellant, YESENIA DE LA FUENTE , perfected an appeal from a judgment entered by the 347th District Court of Nueces County, Texas, in cause number 97-CR-355-H . On January 10, 2001, we abated the appeal and remanded to the trial court to determine if appellant wishes to prosecute. The appellant has now filed a motion to dismiss the appeal. The motion complies with Tex. R. App. P. 42.2(a).

The Court, having considered the documents on file and appellant's motion to dismiss the appeal, is of the opinion that appellant's motion to dismiss the appeal should be granted. Accordingly, we withdraw our order abating the appeal and remanding to the trial court, granting appellant's motion to dismiss the appeal. The appeal is hereby DISMISSED.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed this

the 1^st day of February, 2001 .