NO. 07-01-0354-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL E SEPTEMBER 30, 2002 ______________________________

REYNALDO ROSAS, APPELLANT V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 140TH DISTRICT COURT OF LUBBOCK COUNTY; NO. 2000-433545; HONORABLE JIM BOB DARNELL, JUDGE _______________________________ Before REAVIS and JOHNSON, JJ. and BOYD, S.J.*

DISMISSAL

Pending before this Court is appellant’s motion to dismiss his appeal. Appellant and his attorney have both signed the motion representing that appellant wishes to withdraw

* John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. his notice of appeal and no longer wishes to prosecute the appeal. Tex. R. App. P. 42.2(a). No decision of this Court having been delivered to date, we grant the motion.

Accordingly, the appeal is hereby dismissed and no motion for rehearing will be entertained and our mandate will issue forthwith.

Don H. Reavis Justice Do not publish.