Dismissed and Memorandum Opinion filed November 12, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00766-CR

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RICHARD MICHAEL MERCER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 228th District Court

Harris County, Texas

Trial Court Cause No.  974,700

M E M O R A N D U M   O P I N I O N

A written request to withdraw the notice of appeal, personally signed by appellant, has been filed with this Court.  See Tex. R. App. P. 42.2.  Because this Court has not delivered an opinion, we grant appellant=s request.

Accordingly, we order the appeal dismissed.  We direct the Clerk of the Court to issue the mandate of the Court immediately.

PER CURIAM

Judgment rendered and Memorandum Opinion filed November 12, 2004.

Panel consists of Justices Chief Justice Hedges and Justices Fowler and Seymore.

Do not publish C Tex. R. App. P. 47.2(b).