JOSE REYNA DEL TORO v. THE STATE OF TEXAS--Appeal from 139th District Court of Hidalgo County

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NUMBER 13-08-00318-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ JOSE REYNA DEL TORO, Appellant, v. THE STATE OF TEXAS, Appellee. ____________________________________________________________ On Appeal from the 139th District Court of Hidalgo County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Rodriguez and Vela Memorandum Opinion Per Curiam This appeal was abated by this Court on August 27, 2010, because the appellant s brief had not been timely filed. Appellant, Jose Reyna del Toro, 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. PER CURIAM Do not publish. See TEX. R. APP. P. 47.2(b). Delivered and filed the 7th day of October, 2010. 2

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