COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-08-281-CR FABIAN LEE GREEN JR. APPELLANT

V. THE STATE OF TEXAS STATE ---------- FROM THE 213 TH DISTRICT COURT OF TARRANT COUNTY ---------- MEMORANDUM OPINION 1 AND JUDGMENT ---------- We have considered the “Appellant’s Motion To Withdraw The 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: LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.

DO NOT PUBLISH Tex.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

… See Tex. R. App. P. 47.4.

DELIVERED: December 18, 2008