NO. 07-03-0056-CR 07-03-0057-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D JULY 15, 2004 ______________________________ SEAN KELLY FOSTER A/K/A SEAN KELLY JOSEPH; JOSEPH SEAN FOSTER, APPELLANT V. THE STATE OF TEXAS, APPELLEE _________________________________ FROM THE CRIMINAL DISTRICT COURT OF JEFFERSON COUNTY; NO. 78161, 85290; HONORABLE CHARLES D. CARVER, JUDGE _______________________________ Before QUINN and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

Pending before this Court is appellant’s motion to dismiss his appeal. Appellant and his attorney both have signed the document stating that appellant 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James T. Campbell Justice Do not publish.