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VIDAL JOE SANCHEZ, Appellant,

THE STATE OF TEXAS, Appellee.

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Appellant, Vidal Joe Sanchez, by and through his attorney, has filed a withdrawal of notice of appeal and request for dismissal because he no longer desires to prosecute it. See Tex. R. App. P. 42.2(a). Without passing on the merits of the case, we grant the motion to withdraw the appeal and dismiss the appeal pursuant to Texas Rule of Appellate Procedure 42.2(a). Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and

filed this the 1st day of October, 2009.