NO. 07-04-0106-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B APRIL 2, 2004 ______________________________ THE STATE OF TEXAS, Appellant v. MIGUEL GONZALES TORRES, Appellee _________________________________ FROM THE 242ND DISTRICT COURT OF HALE COUNTY; NO. B14340-0202; HON. ED SELF, PRESIDING _______________________________ Before JOHNSON, C.J., and QUINN and CAMPBELL, JJ.

Appellant The State of Texas, by and through its attorney, has filed a motion to dismiss this appeal because the State has no right to appeal since it had already been dismissed on the State’s motion. Without passing on the merits of the case, we grant the motion 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Brian Quinn Justice Do not publish.