Detric Sheffield, appellant, has filed with this Court a motion to dismiss his appeal. The motion is signed by counsel. Attached to the motion is an affidavit signed by Sheffield which states he has read the motion and that it is true and correct. As authorized by Rule 42.2 of the Texas Rules of Appellate Procedure, we grant the motion. See Tex. R. App. P. 42.2.

Accordingly, we dismiss the appeal.

Jack Carter

Justice

Date Submitted: September 25, 2007

Date Decided: September 26, 2007

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">On Appeal from the 354th Judicial District Court

Hunt County, Texas

Trial Court No. 21,853

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

            Delvin Dewayne Busby has appealed from his retaliation conviction in Hunt County. Appeals from that county may be directed to either the Fifth Court of Appeals in Dallas or this Court. We filed the appeal here based on a docketing statement directed to this Court specifying we were to receive the appeal. We have now received the record, and the notice of appeal specifies appeal to the Fifth Court of Appeals in Dallas. We have contacted the clerk's office for the Fifth Court of Appeals and have been informed that notice of appeal was sent there.

            Therefore, the appeal was improvidently filed here. Accordingly, we direct the clerk of our Court to ship the clerk's record to the Fifth Court of Appeals in Dallas so the appeal may proceed there.

            We dismiss this appeal. 

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice

Date Submitted:          June 22, 2004

Date Decided:             June 23, 2004

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