NUMBER 13-17-00315-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ RANDY HERRERA, Appellant, v. THE STATE OF TEXAS, Appellee. ____________________________________________________________ On appeal from the 347th District Court of Nueces County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Contreras and Hinojosa Memorandum Opinion by Chief Justice Valdez This appeal was abated by this Court on October 5, 2017 because appellant’s brief had not been filed. This cause is now before the Court on appellant=s notice to withdraw his notice of appeal. 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.

/s/ Rogelio Valdez ROGELIO VALDEZ Chief Justice

Do not publish.

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

Delivered and filed this 26th day of October, 2017.