FRANK BARNES v. THE STATE OF TEXAS--Appeal from 214th District Court of Nueces County

NUMBER 13-04-402-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_________________________________________________________

FRANK BARNES, Appellant,

v.

THE STATE OF TEXAS, Appellee.

________________________________________________________

On appeal from the 214th District Court

of Nueces County, Texas.

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MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Hinojosa and Rodriguez

Memorandum Opinion Per Curiam

Appellant, FRANK BARNES, perfected an appeal from a judgment entered by the 214th District Court of Nueces County, Texas, in cause number 03-CR-0857-F. Appellant has filed a motion to withdraw appeal. The motion complies with Tex. R. App. P. 42.2(a).

The Court, having considered the documents on file and appellant s motion to withdraw appeal, is of the opinion that appellant's motion to withdraw appeal should be granted. Appellant's motion to withdraw appeal is granted, and the appeal is hereby DISMISSED.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and

filed this the 3rd day of February, 2005.