COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

NATHANIEL MAYBERRY, § No. 08-10-00077-CR Appellant, § Appeal from the v. § 112th Judicial District Court § THE STATE OF TEXAS, of Crockett County, Texas § Appellee. (TC# 2439) §

MEMORANDUM OPINION Pending before the Court is Appellant’s motion to withdraw his notice of appeal pursuant to TEX .R.APP .P. 42.2(a). Appellant has personally signed his request and has filed it prior to the appellate court’s decision. See TEX .R.APP .P. 42.2(a). Further, a duplicate copy has been filed with this Court and has been forwarded to the trial court clerk. See id. As the motion complies with the requirements of Rule 42.2(a), we GRANT Appellant’s motion and dismiss the appeal.

August 18, 2010 DAVID WELLINGTON CHEW, Chief Justice Before Chew, C.J., McClure, and Rivera, JJ. (Do Not Publish)