The appellant, Trinh Van Tu, filed a motion to dismiss this appeal. The motion is voluntarily made by the appellant prior to any decision of this Court and should be granted. Tex. R. App. P. 42.1(a)(1). No other party filed notice of appeal. The motion to dismiss is granted and the appeal is dismissed.

APPEAL DISMISSED.

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STEVE McKEITHEN

Chief Justice

Opinion Delivered March 20, 2008

Before McKeithen, C.J., Gaultney and Kreger, JJ.