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EX PARTE: FRANCISCO ELIZONDO____________________________________________________________

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Francisco Elizondo perfected his appeal from the trial court's denial of his petition for writ of habeas corpus. Elizondo, by and through his attorney, has filed a motion to withdraw his notice of appeal because he no longer desires to pursue it. See Tex. R. App. P. 42.2(a). Without passing on the merits of the case, we grant the motion 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Do not publish.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 2nd day of July, 2009.