COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-09-196-CR

FLOYD CHRISTOPHER WHITING APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM CRIMINAL DISTRICT COURT NO. 4 OF TARRANT COUNTY

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MEMORANDUM OPINION ^{(footnote: 1)} AND JUDGMENT

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We have considered “Appellant’s Motion To Withdraw The 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:   LIVINGSTON , DAUPHINOT , and GARDNER , JJ.

DO NOT PUBLISH

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

DELIVERED: October 15, 2009

FOOTNOTES

1:

See Tex. R. App. P. 47.4.