COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-04-369-CR

THE STATE OF TEXAS STATE

V.

JASON BRIAN BURGESS       APPELLEE

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FROM COUNTY CRIMINAL COURT NO. 5 OF DENTON COUNTY

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MEMORANDUM OPINION ^{(footnote: 1)} AND JUDGMENT

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We have considered the “State’s Motion To Dismiss Appeal And Issue Mandate.”  The motion complies with rule 42.2(a) of the rules of appellate procedure. Tex. R. App . P. 42.2(a).  No decision of this court having been delivered before we received this motion, we grant the motion and dismiss the appeal.   See Tex. R. App. P. 42.2(a), 43.2(f). As agreed by the parties, the mandate will issue immediately.   See Tex. R. App. P. 18.1(c).

It is further ordered that the State shall pay all costs of this appeal, for which let execution issue.   See Tex. Code Crim. Proc. A nn . art. 44.01(f) (Vernon Supp. 2004-05).

PER CURIAM

PANEL D: WALKER, J.; CAYCE, C.J.; and MCCOY, J.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: December 2, 2004

FOOTNOTES

1:

See Tex. R. App. P. 47.4.