Ex Parte: Bruce Marestein--Appeal from 243rd District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

EX PARTE: BRUCE MARESTEIN

No. 08-05-00031-CR

Appeal from the

243rd District Court

of El Paso County, Texas

(TC# 20030D05054-243-1)

MEMORANDUM OPINION

Pending before the Court is a motion to dismiss filed by the Appellant pursuant to Tex. R. App. P. 42.2(a). By his motion, Appellant has withdrawn his notice of appeal prior to the appellate court s decision and the written withdrawal is signed by Appellant and his counsel on appeal. Further, Appellant filed a duplicate copy of his motion with this Court and that copy has been hand-delivered to the trial court clerk. Because Appellant has established compliance with the requirements of Rule 42.2(a), we grant the motion and dismiss the appeal.

RICHARD BARAJAS, Chief Justice

April 21, 2005

Before Barajas, C.J., McClure, and Chew, JJ.

(Do Not Publish)