IN THE

TENTH COURT OF APPEALS

No. 10-09-00161-CR

Julio Rosas,

                                                                                    Appellant

 v.

The State of Texas,

                                                                                    Appellee

From the 54th District Court

McLennan County, Texas

Trial Court No. 2006-1614-C2

            Julio Rosas was convicted of possession of a controlled substance, cocaine, and sentenced to 18 months in a state jail facility.  See Tex. Health & Safety Code Ann. § 481.115(b) (Vernon 2003).  The sentence was suspended and Rosas was placed on community supervision.  His community supervision was eventually revoked and Rosas was sentenced to 18 months in a state jail facility and a $1,000 fine.  Rosas appealed that conviction but has now filed a Motion to Dismiss Appeal requesting this Court to withdraw the notice of appeal and dismiss the appeal.  Rosas personally signed the motion to dismiss.

            Accordingly, the appeal is dismissed.  Tex. R. App. P. 42.2(a).

                                                                        TOM GRAY

                                                                        Chief Justice

Before Chief Justice Gray,

            Justice Reyna, and

            Justice Davis

Appeal dismissed

Opinion delivered and filed July 22, 2009

Do not publish

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