NO. 07-07-0309-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D AUGUST 23, 2007 ______________________________

TODD L. TREDEAU, APPELLANT V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 201ST DISTRICT COURT OF TRAVIS COUNTY; NO. D-1-GV-06-000341; HONORABLE SUZANNE COVINGTON, JUDGE _______________________________ Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

MEMORANDUM OPINION

Pending before this Court is Todd L. Tredeau’s Motion for Voluntary Dismissal in which he represents he no longer wishes to pursue this appeal. Without passing on the merits of the case, Tredeau’s motion is granted and the appeal is dismissed. Tex. R. App. P. 42.1(a)(1). Per Tredeau’s request and as agreed to by the State of Texas in the Certificate of Conference, costs are assessed against the party incurring them. Having dismissed the appeal at Tredeau’s request, no motion for rehearing will be entertained and our mandate will issue forthwith.

Patrick A. Pirtle Justice