NO. 12-04-00147-CR

                 IN THE COURT OF APPEALS

      TWELFTH COURT OF APPEALS DISTRICT

                           TYLER, TEXAS

JEROLD KEITH HAMBRICK,                       '     APPEAL FROM THE 173RD

APPELLANT

V.                                                                         '     JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE                                                       '     HENDERSON COUNTY, TEXAS

                                                     MEMORANDUM OPINION

                                                                 PER CURIAM

Appellant has filed a motion to withdraw his notice of appeal.  The motion is signed by Appellant=s counsel. Attached to the motion is an exhibit containing Appellant=s signature evidencing his consent to the motion.  No decision having been delivered by this Court, the motion is granted, and the appeal is dismissed in accordance with Texas Rule of Appellate Procedure 42.2.

Opinion delivered May 5, 2004.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

                                                             (DO NOT PUBLISH)