COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-04-006-CR

ROBERT CARROLL BEVERS                                                   APPELLANT

V.

THE STATE OF TEXAS                                                               STATE

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FROM THE 396^TH DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION¹ AND JUDGMENT

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        We have considered “Appellant's Motion To Dismiss Appeal 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:   WALKER, J.; CAYCE, C.J.; and McCOY, J.

DO NOT PUBLISH

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

DELIVERED: February 5, 2004

NOTES

1.  See Tex. R. App. P. 47.4.