NUMBER 13-09-00129-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ MARTIN PENA, Appellant, v. THE STATE OF TEXAS, Appellee. ____________________________________________________________ On Appeal from the 94th District Court of Nueces County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Yañez and Benavides Memorandum Opinion Per Curiam Appellant, Martin Pena, by and through his attorney, has filed a motion to dismiss his appeal 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 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Do not publish.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 the 20th day of August, 2009.