11th Court of Appeals

                                                                  Eastland, Texas

                                                                        Opinion

Alberto Rubio Cruz

Appellant

Vs.                   No. 11-02-00112-CR B Appeal from Dallas County

State of Texas

Appellee

Appellant has filed in this court a motion to dismiss his appeal.  Appellant states that he desires to withdraw his notice of appeal.  The motion is signed by both appellant and his attorney.  The motion is granted.  TEX.R.APP.P. 42.2.

The appeal is dismissed.

PER CURIAM

April 25, 2002

Do not publish.  See TEX.R.APP.P. 47.3(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.