COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-08-019-CR

MERRY KUBICEK APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM THE 367 TH DISTRICT COURT OF DENTON COUNTY

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MEMORANDUM OPINION ^{(footnote: 1)} AND JUDGMENT

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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DO NOT PUBLISH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)

DELIVERED: December 23, 2008

FOOTNOTES

1:

See Tex. R. App. P. 47.4.