NO. 07-02-0457-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D SEPTEMBER 18, 2003 ______________________________

JAY N. GIANNUKOS, APPELLANT V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 359TH DISTRICT COURT OF MONTGOMERY COUNTY; NO. 02-03-02101-CR; HONORABLE JAMES H. KEESHAN, JUDGE _______________________________ Before QUINN and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

Pursuant to pleas of guilty, appellant Jay N. Giannukos was convicted in one judgment on separate counts of unlawful possession of a firearm by a felon and possession of a controlled substance. By his notice of appeal, he challenged both convictions. Now pending before this Court is his motion to dismiss the appeal. Pursuant to Rule 42.2(a) of the Texas Rules of Appellate Procedure, the request to withdraw the notice of appeal is signed by appellant. No decision of this Court having been delivered to date, we grant the motion. No motion for rehearing will be entertained and our mandate will issue forthwith.

Accordingly, the appeal is dismissed.

Don H. Reavis Justice Do not publish.