Opinion issued September 2, 2004

In The

Court of Appeals

For The

First District of Texas

NO. 01-03-00765-CR

JESSE SCOTT BENGE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 183rd District Court

Harris County, Texas

Trial Court Cause No. 943678

MEMORANDUM OPINION ON MOTION TO DISMISS

           Appellant, Jesse Scott Benge, has filed a motion to dismiss this appeal and has requested that this Court expedite issuing the mandate. Appellant’s motion complies with rule 42.2(b) of the Texas Rules of Appellate Procedure. Accordingly, this Court withdraws the opinion issued in this case on July 29, 2004 and dismisses this appeal. The Clerk of this Court is directed to issue mandate immediately and to send notice of the dismissal to the trial court clerk. See Tex. R. App. P. 42.2(b).

                                                                  Sam Nuchia

                                                                  Justice

Panel consists of Justices Nuchia, Alcala, and Higley.

Do not publish. Tex. R. App. P. 47.2(b).