NO. 07-07-0194-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A JUNE 7, 2007 ______________________________

JAMES ALLEN FOX, APPELLANT V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 50TH DISTRICT COURT OF KING COUNTY; NO. 2006-232B; HONORABLE WILLIAM “BILL” HAWKINS HEATLY, JUDGE _______________________________ Before CAMPBELL and HANCOCK and PIRTLE, JJ.

MEMORANDUM OPINION

Pending before this Court is Appellant James Allen Fox’s Motion to Dismiss Appeal by which he requests that his notice of appeal be withdrawn. As required by Rule 42.2(a) of the Texas Rules of Appellate Procedure, the motion is signed by Appellant and his attorney. No decision of this Court having been delivered, the motion is granted and the appeal is dismissed. No motion for rehearing will be entertained and our mandate will issue forthwith.

Accordingly, the appeal is dismissed.

Patrick A. Pirtle Justice

Do not publish.