____________________________________________________________

LEONARD FISHER, Appellant,

THE STATE OF TEXAS, Appellee.

____________________________________________________________

____________________________________________________________

Appellant, Leonard Fisher, by and through his attorney, has filed an amended 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 amended 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Do not publish.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 25th day of June, 2009.