Timothy Guinn, ⁽¹⁾ the sole appellant in this case, has filed a motion seeking to dismiss his appeal. Pursuant to Rule 42.1 of the Texas Rules of Appellate Procedure, his motion is granted. See Tex. R. App. P. 42.1.

We dismiss the appeal.

Jack Carter

Justice

Date Submitted: June 2, 2008

Date Decided: June 3, 2008

1. This case has been transferred to this Court as part of the Texas Supreme Court's docket equalization program.

">MEMORANDUM OPINION

            William Bodie McConnell appeals from his conviction for aggravated sexual assault on a child. The jury assessed punishment at twenty-five years' imprisonment on each of two counts. The second conviction is before this Court in companion case number 06-05-00059-CR, also decided this day.

            The causes were tried together, have been appealed separately, and have been briefed together. Since the record, briefs, and arguments raised therein are identical in both appeals, for the reasons stated in McConnell v. State, Cause No. 06-05-00059-CR, we likewise resolve the issues in this appeal in favor of the State.

            We affirm the judgment of the trial court.

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice

Date Submitted:          September 23, 2005

Date Decided:             October 7, 2005

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