DONALD M. HOLDER AND

ROSEMARY A. HOLDER

On Appeal from the County Court at Law

Cass County, Texas

Trial Court No. CCL-07-D-049

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

Donald M. Holder, the sole appellant in this case, has filed a motion seeking to dismiss his appeal. Pursuant to Rule 42.1 of the Texas Rules of Appellate Procedure, his motion is granted. See Tex. R. App. P. 42.1.

We dismiss the appeal.

Josh R. Morriss, III

Chief Justice

Date Submitted: May 29, 2008

Date Decided: May 30, 2008

PAN>

Adonis Tarbutton has petitioned this Court to issue a writ of mandamus compelling Collin County Criminal District Attorney John Roach to provide any exculpatory evidence Roach may have in his possession. We are without jurisdiction to issue a writ of mandamus against a district attorney. See Tex. Gov't Code Ann. § 22.221(b) (Vernon 2004); In re Ruston, No. 05-07-01379-CV, 2007 Tex. App. LEXIS 8726 (Tex. App.--Dallas Nov. 2, 2007, orig. proceeding) (mem. op., released for publication).

We deny Tarbutton's petition.

Bailey C. Moseley

Justice

Date Submitted: January 15, 2008

Date Decided: January 16, 2008