NO. 07-04-0270-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL E MAY 11, 2004 ______________________________ MARK ALAN PAYNE, Appellant v. THE STATE OF TEXAS, Appellee _________________________________ FROM THE COUNTY COURT AT LAW OF RANDALL COUNTY; NO. 2003-1437-L; HON. RICHARD DAMBOLD, PRESIDING _______________________________ Before QUINN and REAVIS, JJ., and BOYD, S.J.1 Appellant Mark Alan Payne, by and through his attorney, has filed a motion to dismiss this appeal because he no longer desires to prosecute it. Without passing on the merits of the case, we grant the motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.1(a)(2) and dismiss the appeal. Having dismissed the appeal at appellant’s request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

Brian Quinn Justice Do not publish.

John T. Boyd, Chief Justice (Ret.), Seventh Co urt of Appeals, sitting by assignment. Tex. Gov’t Code Ann. §75.00 2(a)(1) (V erno n Su pp. 2004 ).