NO. 07-10-00062-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

JAMES F. BELYEU, APPELLANT

v.

THE STATE OF TEXAS, APPELLEE

 FROM THE 364TH DISTRICT COURT OF LUBBOCK COUNTY;

NO. 2008-420,618; HONORABLE BRADLEY S. UNDERWOOD, JUDGE

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

ON APPELLANT’S MOTION TO DISMISS

            Appellant, James F. Belyeu, filed his Notice of Appeal to appeal a judgment of conviction for the offense of aggravated robbery and sentence of 32 years’ imprisonment in the Institutional Division of the Texas Department of Criminal Justice entered against him in cause number 2008-420618 in the 364th District Court of Lubbock County, Texas. However, appellant has now filed a motion to dismiss his appeal.

            Because the motion meets the requirements of Texas Rule of Appellate Procedure 42.2(a) and this Court has not delivered its decision prior to receiving it, we hereby grant appellant’s motion and dismiss the appeal.   Having dismissed the appeal at appellant’s request, no motion for rehearing will be entertained and our mandate will issue.

                                                                                                Mackey K. Hancock

                                                                                                            Justice

Do not publish.