                                  NO. 07-08-0342-CR

                             IN THE COURT OF APPEALS

                      FOR THE SEVENTH DISTRICT OF TEXAS

                                     AT AMARILLO

                                        PANEL B

                                   OCTOBER 1, 2008

                         ______________________________


                    ANTOIN DESHON LIVINGSTON, APPELLANT

                                            v.

                          THE STATE OF TEXAS, APPELLEE

                       _________________________________

             FROM THE 181ST DISTRICT COURT OF RANDALL COUNTY;

                  NO. 18,943-B; HON. JOHN B. BOARD, PRESIDING

                         _______________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.


                               ON MOTION TO DISMISS


       Pending before the Court is appellant’s motion to dismiss his appeal. Appellant and

his attorney have both signed the motion. Tex. R. App. P. 42.2(a). No decision of this

Court having been delivered to date, we grant the motion. Accordingly, the appeal is

dismissed. No motion for rehearing will be entertained and our mandate will issue

forthwith.


                                   James T. Campbell
Do not publish.                         Justice
