PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: November 10, 1999

MOTION TO DISMISS GRANTED; APPEAL DISMISSED

Appellant Gilbert Garza filed a pro se motion to dismiss his appeal. On October 14, 1999, we denied the motion because our records reflect Garza is represented by appellate counsel, but counsel did not sign the motion to dismiss. See Tex. R. App. P. 42.2(a). Subsequently, counsel filed a statement concurring in the motion to dismiss. Accordingly, we withdraw our October 14, 1999 order and grant the motion to dismiss. This appeal is dismissed.

PER CURIAM

DO NOT PUBLISH