David Alton Leach Jr. v. State

NUMBER 13-16-00095-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________ DAVID ALTON LEACH JR., Appellant, v.

THE STATE OF TEXAS, Appellee. ____________________________________________________________ On appeal from the 139th District Court of Hidalgo County, Texas. ____________________________________________________________ MEMORANDUM OPINION

Before Justices Rodriguez, Benavides, and Perkes Memorandum Opinion Per Curiam

This appeal was abated by this Court on May 12, 1016, because appellant failed to file a brief. This cause is now before the Court on appellant’s motion to withdraw his appeal because he no longer desires to prosecute it. See TEX. R. APP. P. 42.2(a). Accordingly, this case is hereby REINSTATED. Without passing on the merits of the case, we grant the motion to withdraw the appeal and pursuant to Texas Rule of Appellate Procedure 42.2(a), dismiss the appeal. Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM Do not publish.

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

Delivered and filed the

9th day of June, 2016.