IN THE

TENTH COURT OF APPEALS

No. 10-04-00054-CR

Randy Lee Wells,

                                                                      Appellant

 v.

The State of Texas,

                                                                      Appellee

From the 77th District Court

Limestone County, Texas

Trial Court # 10212-A

Prior to issuance of an opinion by this Court, appellant filed a “Voluntary Dismissal of Appeal” under Texas Rule of Appellate Procedure 42.2.  Tex. R. App. P. 42.2.  The appellant personally signed this withdrawal, and the State approved the withdrawal as to form and substance.  Thus, appellant’s motion to dismiss the appeal is granted.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Dismissed

Opinion delivered and filed February 16, 2005

Do not publish

[CRPM]