NO. 07-03-0549-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL C FEBRUARY 24, 2004 ______________________________ FIDEL EDWARD CERVANTES, Appellant v. THE STATE OF TEXAS, Appellee _________________________________ FROM THE 84TH DISTRICT COURT OF HUTCHINSON COUNTY; NO. 9130A; HON. WILLIAM D. SMITH, PRESIDING _______________________________ Before JOHNSON, C.J., and QUINN and REAVIS, JJ.

Appellant Fidel Edward Cervantes, 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Brian Quinn Justice Do not publish.