NO. 07-03-0490-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A APRIL 6, 2004 ______________________________

JAIME CRUZ HERNANDEZ, APPELLANT V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 242ND DISTRICT COURT OF HALE COUNTY; NO. A13098-9807; HONORABLE ED SELF, JUDGE _______________________________ Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

Appellant Jamie Cruz Hernandez filed a Motion to Dismiss Appeal on January 15, 2004, averring that he no longer wished to prosecute his appeal. The Motion to Dismiss is signed by appellant and his attorney confirmed such request by letter to this Court.

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Do not publish.

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