Robert Lee Briggs, Jr., appeals from a judgment convicting him of possession of a controlled substance with intent to deliver and sentencing him to 20 years of imprisonment. On October 20, 2005, the State filed a motion to dismiss the appeal. By affidavit of Sergeant Richard L. Bailey, the State shows that Briggs escaped from custody after filing his notice of appeal and that Briggs did not voluntarily return to custody within ten days after escaping. The appellant did not respond to the motion.

The appellant escaped from custody pending appeal and did not voluntarily return to custody within ten days. Tex. R. App. P. 42.4. We grant the State's motion to dismiss the appeal.

APPEAL DISMISSED.

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STEVE McKEITHEN

Chief Justice

Opinion Delivered December 7, 2005

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Before McKeithen, C.J., Gaultney and Kreger, JJ.