NO. 07-07-0486-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B FEBRUARY 29, 2008 ______________________________ THE STATE OF TEXAS, APPELLANT V. JERRY DON FRITTS, APPELLEE _________________________________ FROM THE COUNTY COURT AT LAW NO. 2 OF POTTER COUNTY; NO. 119183; HONORABLE PAMELA COOK SIRMON, JUDGE _______________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

MEMORANDUM OPINION

Pending before this Court is appellant’s motion to dismiss its appeal. Appellant’s attorney has signed the document stating that appellant withdraws its appeal. Tex. R. App. P. 42.2(a).

No decision of this Court having been delivered to date, we grant the motion. Accordingly, the appeal is dismissed. No motion for rehearing will be entertained and our mandate will issue forthwith.

Mackey K. Hancock Justice Do not publish.