Opinion
No. 13-09-00129-CR
Opinion delivered and filed August 20, 2009. DO NOT PUBLISH. See Tex. R. App. P. 47.2(b).
On Appeal from the 94th District Court of Nueces County, Texas.
Before Chief Justice VALDEZ and Justices YAÑEZ and BENAVIDES.
MEMORANDUM OPINION
Appellant, Martin Pena, 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.