The appellant, The Attorney General of Texas, filed a motion to dismiss this appeal. The Court finds that this motion is voluntarily made by the appellant prior to any decision of this Court and should be granted. Tex. R. App. P. 42.1(a)(1). No other party filed a notice of appeal. The motion to dismiss is granted and the appeal is therefore dismissed.

APPEAL DISMISSED.

___________________________

DAVID GAULTNEY

Justice

Opinion Delivered July 27, 2006

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