Before CAMPBELL and HANCOCK and PIRTLE, JJ.

Appellant, Gilberto Macias, appealed his conviction for possession with intent to deliver a controlled substance and sentence of 40 years confinement in the Institutional Division of the Texas Department of Criminal Justice and $10,000 fine. Appellant's appeal was predicated on the trial court's denial of his Motion to Suppress. However, appellant has now filed a Motion to Dismiss Appeal. ⁽¹⁾

Because the motion meets the requirements of Texas Rule of Appellate Procedure 44.2(a), and this court has not delivered its decision prior to receiving it, the motion is hereby granted and the appeal is dismissed. Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained and our mandate will issue.

Mackey K. Hancock

Justice

Do not publish.

1. While appellant's motion is titled a Motion to Dismiss, we construe the motion to request a withdrawal of appellant's notice of appeal. See Tex. R. App. P. 42.2(a).