NO. 07-02-0313-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL C SEPTEMBER 5, 2002 ______________________________

ANDREW MONTEMAYOR, APPELLANT V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE COUNTY COURT AT LAW NO. 2 OF LUBBOCK COUNTY; NO. 2001-477,579; HONORABLE DRUE FARMER, JUDGE _______________________________ Before QUINN and REAVIS and JOHNSON, JJ.

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 his notice of appeal pursuant to Rule 42.2(a) of the Texas Rules of Appellate Procedure.

No decision of this Court having been delivered to date, we grant the motion. Accordingly, having dismissed the appeal at appellant’s request, no motion for rehearing will be entertained and our mandate will issue forthwith.

Don H. Reavis Justice Do not publish.