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BENJAMIN GONZALEZ SOTO, JR., Appellant,

THE STATE OF TEXAS, Appellee.

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Appellant, Benjamin Gonzalez Soto, Jr., 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Do not publish.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 5th day of February, 2009.