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ELIJIO SANCHEZ, Appellant,

THE STATE OF TEXAS, Appellee.

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Appellant, Elijio Sanchez, by and through his attorney, has filed a motion to non-suit appeal, requesting the Court dismiss his appeal. See Tex. R. App. P. 42.2(a). Without passing on the merits of the case, we grant the motion 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Do not publish.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 26th day of March, 2009.