NO. 07-05-0032-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL E MARCH 7, 2005 ______________________________

GREGG McCAIN, APPELLANT V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 64TH DISTRICT COURT OF HALE COUNTY; NO. A15819-0412; HONORABLE ROBERT W. KINKAID, JR., JUDGE _______________________________ Before REAVIS AND CAMPBELL, JJ. and BOYD, S.J.1

MEMORANDUM OPINION

Pending before this Court is appellant Gregg McCain’s request to withdraw his notice of appeal as premature and dismiss the appeal pending a ruling on his motion for

John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. new trial. As required by Rule 42.2(a) of the Texas Rules of Appellate Procedure, appellant has personally signed the withdrawal. Counsel for appellant has also signed the document.

Accordingly, the appeal is dismissed.

Don H. Reavis Justice