COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NOS. 2-04-032-CR

        2-04-033-CR

JUSTIN HARRY REYBURN                                                      APPELLANT

V.

THE STATE OF TEXAS                                                                  STATE

----------

FROM CRIMINAL DISTRICT COURT NO. 4 OF TARRANT COUNTY

----------

MEMORANDUM OPINION¹ AND JUDGMENT

----------

        We have considered “Appellant’s Motion To Dismiss And Waive Appeal And To Withdraw Notice Of Appeal.” 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 id.; Tex. R. App. P. 43.2(f).

                                                                  PER CURIAM

PANEL D:   LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.

DO NOT PUBLISH

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

DELIVERED: February 26, 2004.

NOTES

1. See Tex. R. App. P. 47.4.