Opinion

Cary Buckner Fant, IV, has filed a motion seeking to dismiss his appeal. Pursuant to Tex. R. App. 42.2, his motion is granted.

The appeal is dismissed.

Josh R. Morriss, III

Chief Justice

Date Submitted: June 19, 2002

Date Decided: June 19, 2002

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On Appeal from the 8th Judicial District Court

Franklin County, Texas

Trial Court No. 7682

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

            Jeremy Ray Brown appeals from his conviction by a jury for aggravated sexual assault of a child. Brown was also convicted on two other counts of aggravated sexual assault of a child. The jury assessed seventeen years' imprisonment on each count. The convictions were appealed separately but have been briefed together.

            Since the briefs and arguments raised therein are identical in all three appeals, for the reasons stated in Brown v. State, cause number 06-04-00113-CR, we likewise resolve the issues in this appeal in favor of Brown.

            We reverse the judgment and remand to the trial court for a new trial.

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice

Date Submitted:          February 23, 2006

Date Decide:               March 29, 2006

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