NUMBER 13-03-161-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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GABRIEL GALVAN,                                                           Appellant,

v.

THE STATE OF TEXAS,                                                      Appellee.

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On appeal from the 319th District Court

of Nueces County, Texas.

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MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Castillo

Memorandum Opinion Per Curiam

         Appellant, GABRIEL GALVAN, perfected an appeal from a judgment entered by the 319th District Court of Nueces County, Texas, in cause number 04-CR-1931-G. On July 15, 2004, this cause was abated, and the trial court was directed to conduct a hearing to determine why counsel failed to respond to this Court’s order. The trial court’s findings and recommendations were received on October 18, 2004. The trial court found that the appellant does not wish to prosecute his appeal.

         The Court, having considered the documents on file and the trial court’s findings and recommendations, is of the opinion that the appeal should be dismissed. The appeal is hereby DISMISSED.

                                                               PER CURIAM

Do not publish.

Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and

filed this the 4^th day of November, 2004.