NO. 07-05-0436-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B FEBRUARY 27, 2006 ______________________________ THE STATE OF TEXAS, APPELLANT V. THOMAS VASQUEZ, APPELLEE _________________________________ FROM THE 137TH DISTRICT COURT OF LUBBOCK COUNTY; NO. 2004-407,813; HONORABLE CECIL G. PURYEAR, JUDGE _______________________________

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

MEMORANDUM OPINION

Pending before this Court is appellant’s motion to dismiss its appeal. Appellant, through its attorney, has signed documents stating that appellant withdraws its 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Mackey K. Hancock Justice Do not publish.