NO. 12-07-00213-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

WALTER BEARD,  §          APPEAL FROM THE 114TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE  §          SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            Appellant has filed a motion to withdraw his notice of appeal and dismiss the appeal.  The motion is signed by Appellant and his counsel.  No decision having been delivered by this Court, our order of July 27, 2007 is withdrawn, Appellant’s motion is granted, and the appeal is dismissed in accordance with Texas Rule of Appellate Procedure 42.2.

Opinion delivered August 15, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)