NO. 12-05-00088-CR

NO. 12-05-00089-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IRWIN DEWAYNE GAINES,                           §     APPEAL FROM THE 420TH

APPELLANT

V.                                                                         §     JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE                                                        §     NACOGDOCHES COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            Appellant has filed a pro se motion to dismiss this appeal. The motion is signed by Appellant and his counsel. No decision having been delivered by this Court, the motion is granted, and the appeal is dismissed in accordance with Texas Rule of Appellate Procedure 42.2.

Opinion delivered December 30, 2005.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(DO NOT PUBLISH)