NO. 07-04-0343-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL C JULY 15, 2004 ______________________________

GUSTABO AYALA, APPELLANT V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 242ND DISTRICT COURT OF HALE COUNTY; NO. B 15356-0402; HONORABLE ED SELF, JUDGE _______________________________ Before JOHNSON, C.J., and QUINN and REAVIS, JJ.

MEMORANDUM OPINION

Appellant Gustabo Ayala filed a Motion to Dismiss Appeal on July 12, 2004, averring that he no longer wishes to prosecute his appeal. The Motion to Dismiss is signed by both appellant and his attorney.

Without passing on the merits of the case, appellant’s motion for voluntary dismissal is granted and the appeal is hereby dismissed. Tex. R. App. P. 42.2. Having dismissed the appeal at appellant’s personal request, no motion for rehearing will be entertained and our mandate will issue forthwith.

Phil Johnson Chief Justice

Do not publish.

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