NO. 07-08-0051-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B AUGUST 19, 2008 ______________________________

BENNY JOE PALOMO, Appellant v. THE STATE OF TEXAS, Appellee _________________________________ FROM THE COUNTY COURT AT LAW NO. 1 OF RANDALL COUNTY; NO. 2006-1390-L; HON. RONNIE WALKER, PRESIDING __________________________________ ON MOTION TO DISMISS __________________________________ Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Appellant Benny Joe Palomo, by and through his attorney, has filed a motion to dismiss his appeal because he 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Brian Quinn Chief Justice Do not publish.