Dismissed and Memorandum Opinion filed September 30, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00174-CR

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JAKE CUTLER SIMS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 155th District Court

Austin County, Texas

Trial Court Cause No. 2000R‑0062

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 September 30, 2004.

Panel consists of Justices Yates, Edelman, and Guzman.

Do not publish C Tex.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