TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00239-CV

David E. Shafer, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF MILAM COUNTY, 20TH JUDICIAL DISTRICT NO. 29,913, HONORABLE ED MAGRE, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant David E. Shafer has informed the Court that he no longer wishes to pursue his appeal because the parties “have entered into an agreement of settlement disposing of all issues,” and he has filed notice requesting the Court to dismiss the appeal. We construe appellant’s notice as a motion to dismiss, grant the motion, and dismiss the appeal. Tex. R. App. P. 42.1(a).

__________________________________________ Jan P. Patterson, Justice Before Justices Patterson, Waldrop and Henson Dismissed on Appellant’s Motion Filed: August 28, 2008