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WILLIE DELL HAYES, Appellant,

THE STATE OF TEXAS, Appellee.

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Opinion

Appellant, WILLIE DELL HAYES, perfected an appeal from a judgment entered by County Criminal Court at Law No. 9 of Harris County, Texas, in cause number 1138427. On June 26, 2003, this cause was abated, and the trial court was directed to conduct a hearing to determine whether appellant desired to prosecute his appeal, whether appellant is indigent or is not indigent, and to make appropriate findings and recommendations and prepare a record of the proceedings. The trial court's findings and recommendations were received on October 9, 2003. The trial court found that the appellant wishes to go ahead and serve out his time and does not wish to prosecute his appeal.

The Court, having considered the documents on file and the trial court's findings and recommendations, is of the opinion that the appeal should be dismissed. The appeal is hereby DISMISSED.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.2(b).

Opinion delivered and filed this

the 30th day of October, 2003.