NUMBER 13-06-592-CR

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THE STATE OF TEXAS, Appellant,

NICOLAS HERNANDEZ, Appellee.

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Appellant, THE STATE OF TEXAS, perfected an appeal from an order granting motion to suppress entered by the 28th District Court of Nueces County, Texas, in cause number 06-CR-0851-A. Appellant has filed a motion to dismiss the appeal. The motion complies with Tex. R. App. P. 42.2(a).

The Court, having considered the documents on file and appellant's motion to dismiss the appeal, is of the opinion that appellant's motion to dismiss the appeal should be granted. Appellant's motion to dismiss the appeal is granted, and the appeal is hereby DISMISSED.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and

filed this the 11th day of January, 2007.