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THE STATE OF TEXAS, Appellant,

KRYSTAL LEE GUTIERREZ, Appellee.

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Appellant, the State of Texas, by and through its County and District Attorney for Cameron County, the Honorable Armando R. Villalobos, has filed a motion for dismissal of its appeal pursuant to Rule 42.2 of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.2(a). No decision of this Court having been delivered to date, we grant the motion and dismiss the appeal. Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM

Do not publish. See Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and filed

this 12th day of June, 2008.