Opinion
No. 13-08-00716-CR
Opinion delivered and filed January 15, 2009. DO NOT PUBLISH. See Tex. R. App. P. 47.2(b).
On appeal from the 347th District Court of Nueces County, Texas.
Before Justices RODRIGUEZ, GARZA, and VELA.
MEMORANDUM OPINION
Appellant, David Herrera, 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.