NUMBER 13-99-256-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

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LINCOLN JOSEPH PAYNE , Appellant,

v.

THE STATE OF TEXAS, Appellee.

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On appeal from the 248th District Court

of Harris County, Texas.

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O P I N I O N

Before Justices Hinojosa, Yañez, and Chavez

Opinion Per Curiam

Appellant, LINCOLN JOSEPH PAYNE , perfected an appeal from a judgment entered by the 248th District Court of Harris County, Texas, in cause number 788464 . Appellant has filed a motion to dismiss the 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 dismiss the appeal, is of the opinion that appellant's motion to dismiss the appeal should be granted. Appellant's motion to dismiss the appeal is granted, and the appeal is hereby DISMISSED.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed this

the 27^th day of May, 1999 .