NO. 07-08-0280-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A OCTOBER 21, 2008 ______________________________

LESLIE FOY ACKER, APPELLANT V. THE STATE OF TEXAS, APPELLEE _________________________________ FROM THE 110TH DISTRICT COURT OF BRISCOE COUNTY; NO. 1098; HONORABLE WILLIAM P. SMITH, JUDGE _______________________________ Before CAMPBELL and HANCOCK and PIRTLE, JJ.

MEMORANDUM OPINION

Pending before this Court is Leslie Foy Acker’s Motion to Dismiss Appeal in which he represents he no longer wishes to pursue this appeal. As required by Rule 42.2(a) of the Texas Rules of Appellate Procedure, the motion is signed by Appellant and his attorney. No decision of this Court having been delivered, the motion is granted and the appeal is dismissed. No motion for rehearing will be entertained and our mandate will issue forthwith.

Accordingly, the appeal is dismissed.

Patrick A. Pirtle Justice

Do not publish.