NUMBER 13-04-248-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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FRED LOPEZ,                                                                   Appellant,

v.

THE STATE OF TEXAS,                                                      Appellee.

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On appeal from County Court at Law No. 3

of Nueces County, Texas.

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MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Memorandum Opinion Per Curiam

         This cause is before the Court on the State’s motion for involuntary dismissal of appeal pursuant to Tex. R. App. P. 42.4. The State’s motion is supported by an affidavit of Nueces County Deputy Sheriff William A. Davis. In his affidavit Deputy Sheriff Davis states that appellant failed to report to the Alternative Incarceration Program as ordered and did not, within ten days of failing to report, voluntarily return to lawful custody within the state.

         Tex. R. App. P. 42.4 provides that an appellate court must dismiss an appeal on the State’s motion, supported by affidavit, showing that the appellant has escaped from custody pending the appeal and that to the affiant’s knowledge, the appellant has not, within ten days after escaping, voluntarily returned to lawful custody within the state.

         The Court, having considered the documents on file and the State’s motion to dismiss the appeal, is of the opinion that the State’s motion to dismiss the appeal should be granted. The State’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Do not publish.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).

Memorandum Opinion delivered and filed

this the 7th day of October, 2004.