NO. 07-03-0534-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A JANUARY 16, 2004 ______________________________

MATTHEW TYLER BERRY, APPELLANT V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE COUNTY COURT AT LAW NO. 2 OF POTTER COUNTY; NO. 103,625; HONORABLE PAMELA C. SIRMON, JUDGE _______________________________ Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

Appellant Matthew Tyler Berry filed a Motion to Dismiss Appeal on January 13, 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Do not publish.