Appellant, Kerry Goodman, filed a motion to withdraw his appeal pursuant to Tex. R. App. P. 42.2. The motion is signed by appellant personally, acting pro se after counsel filed a brief which certifies that counsel could find no arguable error upon which to base an appeal. No opinion has issued in this appeal.

The motion to withdraw as counsel is GRANTED. Kerry Goodman is enrolled pro se. It is further ORDERED that the motion to withdraw notice of appeal is GRANTED, and the appeal is therefore DISMISSED. The Clerk of the Court shall forward a duplicate copy of this Order to the clerk of the court in which the notice of appeal was filed.

APPEAL DISMISSED.

_____________________________

HOLLIS HORTON

Justice

Opinion Delivered March 25, 2009

Do Not Publish

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