The State of Texas has appealed from an order of the trial court which granted a plea of double jeopardy, dismissed the pending indictment for evading arrest in a motor vehicle, and terminated prosecution in the cause.

The State and the appellee, Karrington Patrick Phifer have filed an agreed motion, signed by counsel and by Phifer, in which they ask this Court to enter a judgment in favor of the State, to reinstate the charge of evading arrest in a motor vehicle, and to remand for further proceedings in accordance with an agreement between the parties.

The motion is granted. We reverse the judgment of the trial court, direct that the charge of evading arrest in a motor vehicle be reinstated, and remand the cause for further proceedings in accordance with the agreement between the parties.

Josh R. Morriss, III

Chief Justice

Date Submitted: May 15, 2003

Date Decided: May 16, 2003

Do Not Publish

ed a motion seeking to dismiss his appeal. Pursuant to Rule 42.1 of the Texas Rules of Appellate Procedure, his motion is granted. See Tex. R. App. P. 42.1.

We dismiss the appeal.

Jack Carter

Justice

Date Submitted: February 4, 2009

Date Decided: February 5, 2009