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JOYCE MARIE SMITH, Appellant,

THE STATE OF TEXAS, Appellee.

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Appellant, Joyce Marie Smith, by and through her attorney, has filed a motion to dismiss her appeal because she 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 dismiss pursuant to Texas Rule of Appellate Procedure 42.2(a) and dismiss the appeal. 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Do not publish. See Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and

filed this 28th day of August, 2009.