NO. 07-07-0402-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B NOVEMBER 9, 2007 ______________________________ JAMES WAYNE IRONS, SR., Appellant v. THE STATE OF TEXAS, Appellee _________________________________ FROM THE 258th DISTRICT COURT OF POLK COUNTY; NO. 19,491; HON. ELIZABETH COKER, PRESIDING _______________________________ ON MOTION TO DISMISS __________________________________ Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Appellant James Wayne Irons, Sr., by and through his attorney, has filed a motion to dismiss his appeal because he no longer desires to prosecute it. Without passing on the merits of the case, we grant the motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.2(a) and dismiss the appeal. Having dismissed the appeal at appellant’s request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

Brian Quinn Chief Justice Do not publish.