NO. 07-02-0114-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL C JULY 10, 2002 ______________________________

DWAYNE PAYNE, APPELLANT V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE COUNTY COURT AT LAW NO. TWO OF LUBBOCK COUNTY; NO. 2001-472489; HONORABLE JACK D. YOUNG, JUDGE _______________________________ Before QUINN and REAVIS and JOHNSON, JJ.

Appellant Dwayne Payne filed a Motion to Dismiss Appeal on July 8, 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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