11th Court of Appeals

                                                                  Eastland, Texas

                                                                        Opinion

Michael Wayne Lindsey

Appellant

Vs.                   No. 11-05-00028-CR -- Appeal from Scurry County

State of State

Appellee

The jury convicted Michael Wayne Lindsey of sexual assault and indecency with a child.  The jury assessed punishment at confinement for four years for the sexual assault offense and two years for the indecency offense.

Appellant has filed in this court a motion stating that he no longer desires to prosecute this appeal.   In the motion, appellant states that the Aabandonment@ or Anon-suit@ of this appeal is a condition of an agreement that he has with the Scurry County District Attorney and the Scurry County Sheriff.  Appellant states that he has entered this agreement voluntarily and that he Aunderstands the possible consequences of his decision.@  Appellant further states in the motion that he understands that this abandonment or nonsuit is Afinal@ and that Ahis appellate rights cannot subsequently be reacquired.@  The motion is signed by both appellant and his attorney.  TEX.R.APP.P. 42.2.

The motion is granted in part,^[1] and the appeal is dismissed.

PER CURIAM

March 17, 2005

Do not publish.  See TEX.R.APP.P. 47.2(b).

Panel consists of:  Arnot, C.J., and

Wright, J., and McCall, J.