NUMBER 13-10-00253-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ DAVID WAYNE BAILEY, Appellant, v. THE STATE OF TEXAS, Appellee. ____________________________________________________________ On Appeal from the 36th District Court of Aransas County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Rodriguez and Vela Memorandum Opinion Per Curiam Appellant, David Wayne Bailey, 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. Any pending motions are dismissed as moot.

PER CURIAM

Do not publish.

See TEX. R. APP. P. 47.2(b).

Delivered and filed the 18th day of November, 2010.