NO. 07-09-0255-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A FEBRUARY 17, 2010 ______________________________

TIMOTHY DAVENPORT, APPELLANT V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 316TH DISTRICT COURT OF HUTCHINSON COUNTY; NO. 10,065; HONORABLE JOHN LAGRONE, JUDGE _______________________________ Before CAMPBELL and HANCOCK and PIRTLE, JJ.

MEMORANDUM OPINION

Pending before this Court is Appellant=s Motion to Dismiss Appeal in which he requests that his notice of appeal be withdrawn and the appeal be dismissed. As required by Rule 42.2(a) of the Texas Rules of Appellate Procedure, the motion is signed by Appellant and his attorney. No decision of this Court having been delivered, the motion is granted and the appeal is dismissed. No motion for rehearing will be entertained and our mandate will issue forthwith.

Accordingly, the appeal is dismissed.

Patrick A. Pirtle Justice

Do not publish.