NO. 07-05-0306-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A JANUARY 17, 2006 ______________________________

LEROY L. HORTON, APPELLANT V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 140TH DISTRICT COURT OF LUBBOCK COUNTY; NO. 2000-434070; HONORABLE JIM BOB DARNELL, JUDGE _______________________________ Before REAVIS and CAMPBELL and HANCOCK, JJ.

MEMORANDUM OPINION

Pending before this Court is appellant Leroy L. Horton’s motion to dismiss his appeal. Pursuant to Rule 42.2(a) of the Texas Rules of Appellate Procedure, the motion is signed by appellant. No decision of this Court having been delivered to date, we grant the motion. No motion for rehearing will be entertained and our mandate will issue forthwith.

Accordingly, the appeal is dismissed.

Don H. Reavis Justice

Do not publish.