NO. 07-03-0280-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A SEPTEMBER 4, 2003 ______________________________

THE STATE OF TEXAS, APPELLANT V. MARTIN RODRIGUEZ, APPELLEE

_________________________________ FROM THE COUNTY COURT OF PARMER COUNTY; NO. 9269; HONORABLE BONNIE CLAYTON HEALD, JUDGE _______________________________ Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

MEMORANDUM

Pending before this Court is the State’s request to withdraw its notice of appeal by which it challenges the trial court’s order granting appellee’s motion to suppress. The request is signed by the Assistant County Attorney of Parmer County. Accordingly, pursuant to Rule 42.2(a) of the Texas Rules of Appellate Procedure, the appeal is dismissed. Having dismissed the appeal at the request of the State, no motion for rehearing will be entertained and our mandate will issue forthwith.

Don H. Reavis Justice Do not publish.