NUMBER 13-09-00164-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ MAXIMO VALDEZ, Appellant, v. THE STATE OF TEXAS, Appellee. ____________________________________________________________ On appeal from the 319th District Court of Nueces County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Justices Rodriguez, Garza, and Vela Memorandum Opinion Per Curiam Appellant, Maximo Valdez, by and through his attorney, has filed a motion to withdraw 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 withdraw 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Do not publish.

See TEX . R. APP. P. 47.2(b).

Memorandum Opinion delivered and filed this 11th day of June, 2009.