NO. 07-03-0374-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A APRIL 30, 2004 ______________________________

GERARDO OJEDA, APPELLANT V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 222ND DISTRICT COURT OF DEAF SMITH COUNTY; NO. CR-02H-103; HONORABLE H. BRYAN POFF, JR., JUDGE _______________________________ Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

Appellant Gerardo Ojeda filed a Motion to Dismiss Appeal on April 8, 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Do not publish.

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