IN THE

TENTH COURT OF APPEALS

No. 10-02-273-CR

     THE STATE OF TEXAS,

                                                                         Appellant

     v.

     RACHEAL FOWLER,

                                                                         Appellee

From the 1st District Court

Newton County, Texas

Trial Court # 5269-1

CONCURRING OPINION

      Everything in the majority opinion is dicta. The State withdrew its notice of appeal before we issued an opinion in the case. We therefore have no appeal in which to form and express any opinion. Because the notice of appeal has been withdrawn, we may dismiss the appeal. Tex. R. App. P. 42.2(a). I concur only in the judgment of dismissal.

                                                                   TOM GRAY

                                                                   Justice

Concurring opinion delivered and filed January 8, 2003

Publish

;              PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed

Opinion delivered and filed February 13, 2002

Do not publish

[CV06]