MEMORANDUM OPINION

No. 04-05-00944-CR

Tommie VAN CLEAVE, III ,

Appellant

v.

The STATE of Texas ,

Appellee

From the 216th Judicial District, Gillespie County, Texas

Trial Court No. 4179

Honorable Stephen B. Ables , Judge Presiding

PER CURIAM

Sitting: Alma L. López , Chief Justice

Catherine Stone , Justice

Rebecca Simmons , Justice

Delivered and Filed: May 10, 2006

DISMISSED

Appellant has filed a motion to dismiss this appeal by withdrawing his notice of appeal. The motion is granted and this appeal is dismissed. See Tex. R. App. P. 42.2(a).

PER CURIAM

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