COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-08-019-CR MERRY KUBICEK APPELLANT

V. THE STATE OF TEXAS STATE ---------- FROM THE 367 TH DISTRICT COURT OF DENTON COUNTY ---------- MEMORANDUM OPINION 1 AND JUDGMENT ---------- We have considered appellant’s “Motion To Dismiss Appeal.” The motion complies with rule 42.2(a) of the rules of appellate procedure. Tex. R. App. P. 42.2(a). No decision of this court having been delivered before we received this motion, we grant the motion and dismiss the appeal. See Tex. R. App. P. 42.2(a), 43.2(f).

PER CURIAM PANEL: DAUPHINOT, WALKER, and MCCOY, JJ.

DO NOT PUBLISH Tex. R. App. P. 47.2(b)

… See Tex. R. App. P. 47.4.

DELIVERED: December 23, 2008