NO. 07-08-0375-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B DECEMBER 22, 2008 ______________________________

KATIE ARSENIA CLUBINE, Appellant v. THE STATE OF TEXAS, Appellee _________________________________ FROM THE 251st DISTRICT COURT OF POTTER COUNTY; NO. 57,281-C; HON. ANA ESTEVEZ, PRESIDING __________________________________ ON MOTION TO DISMISS __________________________________ Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Appellant Katie Arsenia Clubine, by and through her attorney, has filed a motion to dismiss her appeal because she no longer desires to prosecute it. Without passing on the merits of the case, we grant the motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.2(a) and dismiss the appeal. Having dismissed the appeal at appellant’s request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

Brian Quinn Chief Justice Do not publish.