COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-06-023-CV

31 EIGHT-LINER MACHINES APPELLANT

V.

THE STATE OF TEXAS APPELLEE

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FROM COUNTY CRIMINAL COURT NO. 3 OF TARRANT COUNTY

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

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We have considered appellant’s “Motion To Withdraw Appeal.”  It is the court’s opinion that the motion should be granted; therefore, we dismiss the appeal.   See T EX. R. A PP. P. 42.1(a)(1), 43.2(f).

Costs of the appeal shall be paid by the appellant, for which let execution issue.

PER CURIAM

PANEL D: LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.

DELIVERED:  April 27, 2006

FOOTNOTES

1:

See Tex. R. App. P. 47.4.