Opinion filed January 22, 2009

In The

Eleventh Court of Appeals __________ No. 11-08-00233-CR __________ PHILLIP ALAN ADAMS, Appellant V. STATE OF TEXAS, Appellee

On Appeal from the 29th District Court Palo Pinto County, Texas Trial Court Cause No. 10,947-A

MEMORANDUM OPINION Phillip Alan Adams perfected this appeal from the trial court’s order denying his motion for court-appointed counsel to represent him in his efforts to seek DNA testing pursuant to TEX . CODE CRIM . PROC. ANN . arts. 64.01-.05 (Vernon 2006 & Supp. 2008). Appellant has now filed a motion to withdraw his pro se notice of appeal. The motion is granted, and the appeal is dismissed.

January 22, 2009 PER CURIAM Do not publish. See TEX . R. APP . P. 47.2(b).

Panel consists of: Wright, C.J., McCall, J., and Strange, J.