IN THE

TENTH COURT OF APPEALS

No. 10-08-00113-CR

Michael Vincent Gallardo,

                                                                                    Appellant

 v.

The State of Texas,

                                                                                    Appellee

From the 85th District Court

Brazos County, Texas

Trial Court No. 04-05094-CRF-85

Appellant has filed a motion to dismiss his appeal.  See Tex. R. App. P. 42.2(a); McClain v. State, 17 S.W.3d 310, 311 (Tex. App.—Waco 2000, no pet.).  We have not issued a decision in this appeal.  Appellant personally signed the motion.  Accordingly, the appeal is dismissed.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Opinion delivered and filed September 17, 2008

Do not publish

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