COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-04-552-CR

THE STATE OF TEXAS STATE

V.

CLIFFORD DWAYNE JONES     APPELLEE

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FROM THE 89 TH DISTRICT COURT OF WICHITA COUNTY

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

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We have considered the State’s “Motion To Withdraw Notice Of Appeal Without Prejudice.”  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).

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: DAUPHINOT, HOLMAN, and GARDNER, JJ.

DO NOT PUBLISH

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

DELIVERED: January 6, 2005

FOOTNOTES

1:

See Tex. R. App. P. 47.4.