NO. 07-02-0326-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL E OCTOBER 3, 2002 ______________________________

MICHAEL LEE GONZALES, APPELLANT V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 242ND DISTRICT COURT OF HALE COUNTY; NO. B12954-9804; HONORABLE ED SELF, JUDGE _______________________________ Before REAVIS and JOHNSON, JJ., and Boyd, S.J.1

Appellant Michael Lee Gonzales filed a Motion to Dismiss Appeal on September 30, 2002, averring that he no longer wishes to prosecute his appeal. The Motion to Dismiss is signed by both appellant and his attorney.

John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.

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

Do not publish.