COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

                                                                              )

                                                                              )               No.  08-04-00227-CR

                                                                              )

                                                                              )                    Appeal from the

                                                                              )

EX PARTE:  RAUL PASILLAS                            )                 205th District Court

                                                                              )

                                                                              )             of El Paso County, Texas

                                                                              )

                                                                              )            (TC# 20010D04566-205-I)

                                                                              )

MEMORANDUM  OPINION

Pending before the Court is Appellant=s motion to dismiss this appeal pursuant to Tex.R.App.P. 42.2(a), which states that:

At any time before the appellate court=s decision, the appellate court may dismiss the appeal if the party that appealed withdraws its notice of appeal--by filing a written withdrawal in duplicate with the appellate clerk, who must immediately send the duplicate copy to the trial court clerk.  An appellant must personally sign the written withdrawal.

Appellant=s counsel has filed a motion to dismiss the appeal pursuant to Tex.R.App.P. 42.2.

Appellant=s withdrawal of his notice of appeal states that Appellant filed a notice of appeal complaining of the trial court=s order denying relief on his application for writ of habeas corpus, but since he has been deported from the United States and he no longer wishes to pursue the appeal.  The document is signed by Appellant and his attorney.  The clerk of this Court has sent a copy of the document to the District Clerk of El Paso County.  Appellant having complied with the requirements of Rule 42.2(a), the Court has considered this cause on Appellant=s motion and concludes the motion should be granted and the appeal should be dismissed.  We therefore dismiss the appeal.

January 13, 2005                                             

DAVID WELLINGTON CHEW, Justice

Before Barajas, C.J., McClure, and Chew, JJ.

(Do Not Publish)