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THE STATE OF TEXAS, Appellant,

APOLONIO GARZA, JR., Appellee.

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Appellant, the State of Texas, by and through its District Attorney, has filed an amended motion to dismiss its appeal. 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. Other pending motions, if any, are DISMISSED AS MOOT.

PER CURIAM

Do not publish.

See Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and filed

this 21st day of February, 2008.