COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

MEMORANDUM OPINION

            Pending before the Court is a motion to dismiss filed by the State pursuant to Tex.R.App.P. 42.2(a). By its motion, the State has withdrawn its notice of appeal prior to the appellate court’s decision and the written withdrawal is signed by the State’s attorney on appeal. See State v. Miles, 994 S.W.2d 410 (Tex. App.--Waco 1999, no pet.). Further, a copy of the motion has been forwarded to the trial court clerk. Because the State has established compliance with the requirements of Rule 42.2(a), we grant the motion and dismiss the appeal.

November 9, 2006                                                      

                                                                                    ANN CRAWFORD McCLURE, Justice

Before Chew, C.J., McClure, and Carr, JJ.

(Do Not Publish)