In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-04-00047-CR

______________________________

TONY JOE SPRAYBERRY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 4th Judicial District Court

Rusk County, Texas

Trial Court No. CR03-284

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

          Tony Joe Sprayberry has filed a motion asking this Court to dismiss his appeal. Pursuant to Tex. R. App. P. 42.2, his motion is granted.

          We dismiss the appeal.

                                                                           Donald R. Ross

                                                                           Justice

Date Submitted:      May 10, 2004

Date Decided:         May 11, 2004

Do Not Publish

p>

Date Decided:             January 27, 2004