NO. 07-02-0198-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL C SEPTEMBER 11, 2002 ______________________________

ROBERT BRITTON, APPELLANT V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 137TH DISTRICT COURT OF LUBBOCK COUNTY; NO. 2002-438951; HONORABLE CECIL PURYEAR, JUDGE _______________________________ Before QUINN and REAVIS and JOHNSON, JJ.

On August 12 and August 27, 2002, appellant Robert Britton corresponded with the Court indicating that he no longer wishes to prosecute his appeal. In a letter dated September 5, 2002, appellant’s attorney concurred with appellant’s notice to dismiss the appeal.

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Do not publish.