NO. 07-06-0113-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B JUNE 22, 2006 ______________________________ KENNY EUGENE KILE, APPELLANT V. THE STATE OF TEXAS, APPELLEE _________________________________ FROM THE 84TH DISTRICT COURT OF OCHILTREE COUNTY; NO. 3929; HONORABLE WILLIAM D. SMITH, JUDGE _______________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

MEMORANDUM OPINION

Pending before this Court is appellant’s motion to dismiss his appeal. Appellant and his attorney both have signed the document stating that appellant withdraws his appeal. Tex. R. App. P. 42.2(a). No decision of this Court having been delivered to date, we grant the motion.

Accordingly, the appeal is dismissed. No motion for rehearing will be entertained and our mandate will issue forthwith.

Mackey K. Hancock Justice Do not publish.