11th Court of Appeals

Eastland, Texas

Opinion

Matthew Shane Franks

            Appellant

Vs.                  No. 11-04-00139-CR -- Appeal from Howard County

State of Texas

            Appellee

            Matthew Shane Franks has filed in this court a motion to dismiss his appeal. Franks states in his motion that he no longer wishes to proceed with this appeal. The motion is signed by both Franks and his attorney. TEX.R.APP.P. 42.2. The motion is granted.

            The appeal is dismissed.

                                                                                    PER CURIAM

November 18, 2004

Do not publish. See TEX.R.APP.P. 47.2(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.