NUMBER 13-02-538-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

________________________________________________________________

JAMES KELLEY , Appellant,

v.

THE STATE OF TEXAS, Appellee.

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On appeal from the 117th District Court

of Nueces County, Texas.

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MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Opinion Per Curiam

Appellant, JAMES KELLEY , perfected an appeal from a judgment entered by the 117th District Court of Nueces County, Texas, in cause number 02-CR-2106-B . 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Do not publish.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. 47.2(b).

Opinion delivered and filed this

the 27^th day of February, 2003 .