COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

MEMORANDUM OPINION DISMISSING APPEAL

           The State filed its notice of appeal in this criminal case, challenging the trial court’s order granting defendant’s motion to suppress evidence. The State has now withdrawn its notice of appeal and requested that this Court grant its motion to dismiss. We may dismiss the appeal any time before our decision in the case issues, upon withdrawal of the appealing party’s notice of appeal. Tex. R. App. P. 42.2(a).

           We therefore dismiss this appeal and, as this was not an appeal from a final order, we remand the case to the trial court for further proceedings.

                                                                  SUSAN LARSEN, Justice

August 12, 2004

Before Panel No. 1

Larsen, McClure, and Chew, JJ.

(Do Not Publish)