______________________________________________________________

JOHNNIE HEINAMAN, APPELLANT,

THE STATE OF TEXAS, APPELLEE.

_____________________________________________________________

______________________________________________________________

Memorandum Opinion Per Curiam

Appellant, Johnnie Heinaman, has filed a motion to dismiss his appeal in the foregoing cause. The Court, having considered the documents on file and appellant's motion to dismiss the appeal, is of the opinion that the motion should be granted. See Tex. R. App. P. 42.1(a). Appellant's motion to dismiss is granted, and the appeal is hereby DISMISSED. Costs will be taxed against appellant. See Tex. R. App. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM

Memorandum Opinion delivered

and filed this the 26th day of August, 2008.