COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-09-131-CR PATRICK KENDALL HAYES APPELLANT

V. THE STATE OF TEXAS STATE ---------- FROM COUNTY CRIMINAL COURT NO. 1 OF DENTON COUNTY ---------- MEMORANDUM OPINION 1 AND JUDGMENT ---------- We have considered appellant’s “Motion To Dismiss 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: GARDNER, WALKER, and MCCOY, JJ.

DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: November 5, 2009

… See Tex. R. App. P. 47.4.