Before QUINN, C.J., and REAVIS and CAMPBELL, JJ.

Appellant Benito Mendoza, by and through his attorney, has filed a motion to dismiss this appeal because he no longer desires to prosecute it. Without passing on the merits of the case, we grant the motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.2(a) and dismiss the appeal. Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

Brian Quinn

Chief Justice

Do not publish.

failure to pay the filing fee and provide a docketing statement as previously directed by this Court.

Per Curiam

Do not publish.