Opinion filed September 11, 2008

                                                                        In The

    Eleventh Court of Appeals

                                                                 ____________

                                                          No. 11-07-00339-CR

                                                    __________

                                    LIM JAVAR WALTON, Appellant

                                                             V.

                                         STATE OF TEXAS, Appellee

                                        On Appeal from the 142nd District Court

                                                        Midland County, Texas

                                                 Trial Court Cause No. CR33416

                                              M E M O R A N D U M   O P I N I O N

Pursuant to this court=s Tex. R. App. P. 38.8(b) order, the trial court conducted a hearing.  In open court and with his counsel present, appellant informed the trial court that he no longer wished to appeal and that he would like the appellate court to dismiss the appeal.  Appellant also stated that he had talked to his counsel, that his decision to discontinue the appeal was made freely and voluntarily, and that he did not wish to retain other counsel.  The trial court stated at the conclusion of the hearing that appellant no longer wished to pursue the appeal.

Therefore, the appeal is dismissed.  Rule 38.8(b)(4).

September 11, 2008                                                                             PER CURIAM

Do not publish.  See Tex. R. App. P. 47.2(b).

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.