Opinion filed August 16, 2007

                                                                        In The

    Eleventh Court of Appeals

                                                                 ____________

                                                          No. 11-06-00138-CR

                                                    __________

                                    CECIL DELL SPIVEY, Appellant

                                                             V.

                                        STATE OF TEXAS, Appellee

                                         On Appeal from the 220th District Court

                                                      Comanche County, Texas

                                          Trial Court Cause No.  CCCR-05-02756

                                                                   O P I N I O N

Cecil Dell Spivey has filed in this court a motion to withdraw his notice of appeal.  In his motion, appellant states that he is voluntarily, knowingly, and intelligently withdrawing his appeal.  The motion is signed by both appellant and his counsel.  The motion is granted.

The appeal is dismissed.

PER CURIAM

August 16, 2007

Do not publish.  See Tex. R. App. P. 47.2(b).

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.