NO. 07-02-0266-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A AUGUST 8, 2002 ______________________________

MICHAEL MOOMAW, APPELLANT V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 320TH DISTRICT COURT OF POTTER COUNTY; NO. 32349-D; HONORABLE DON EMERSON, JUDGE _______________________________ Before BOYD, C.J., and REAVIS and JOHNSON, JJ.

Appellant Michael Moomaw filed a Motion to Dismiss Appeal on August 2, 2002, averring that he no longer wishes to prosecute his appeal. The Motion to Dismiss is signed by both appellant and his attorney.

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

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