NO. 07-04-0253-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D NOVEMBER 23, 2004 ______________________________

JACK TREMAYNE SAPP, APPELLANT V. THE STATE OF TEXAS, APPELLEE _________________________________ FROM THE 100TH DISTRICT COURT OF CHILDRESS COUNTY; NO. 4612; HONORABLE DAVID M. MCCOY, JUDGE _______________________________ Before QUINN and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

Pending before this Court is appellant’s motion to dismiss his appeal. Appellant has signed the document stating that he withdraws his appeal. Tex. R. App. P. 42.2(a). No decision of this Court having been delivered to date, we grant the motion. Accordingly, the appeal is dismissed. No motion for rehearing will be entertained and our mandate will issue forthwith.

James T. Campbell Justice Do not publish.