Opinion
No. 07-03-0172-CR
June 9, 2003. Do not publish.
Appeal From The 320th District Court Of Potter County; No. 45,848-D; Hon. Don Emerson, Presiding
Before Panel E: QUINN and REAVIS, JJ., and BOYD, S.J.
John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. Tex. Gov't Code Ann. § 75.002(a)(1) (Vernon Supp. 2003).
Appellant Jimmy Barela, by and through his attorney, has filed a motion to dismiss this appeal because he no longer desires to prosecute it. The cause was previously abated; we now reinstate it. Without passing on the merits of the case, we grant the motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.1(a)(2) 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.