NO. 07-09-0347-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D JANUARY 8, 2010 ______________________________

CHARLIE E. BECKHAM, APPELLANT V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 137TH DISTRICT COURT OF LUBBOCK COUNTY; NO. 2003-402,627; HONORABLE CECIL PURYEAR, JUDGE _______________________________ Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

MEMORANDUM OPINION

Pursuant to a guilty plea in 2004, Appellant, Charlie E. Beckham, was placed on deferred adjudication for aggravated assault. He was placed on community supervision for two years. In 2006, pursuant to a guilty plea, Appellant was adjudicated guilty for violations of the terms and conditions of community supervision and sentenced to five years confinement, suspended in favor of five years community supervision. In January 2009, the State moved to revoke community supervision for multiple violations of the terms and conditions thereof. Appellant entered a plea of not true to one of the State’s allegations and true to the remaining allegations. The trial court revoked community supervision and sentenced Appellant to five years confinement.

Pending before this Court is Appellant’s Motion to Dismiss Appeal in which he represents he wishes to withdraw his notice of appeal and dismiss the appeal. 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Do not publish.