COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-08-387-CR

EDDY FABRICIO CARDONA APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM COUNTY CRIMINAL COURT NO. 8 OF TARRANT COUNTY

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

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We have considered appellant’s “Motion To Dismiss.”  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DO NOT PUBLISH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: July 30, 2009

FOOTNOTES

1:

See Tex. R. App. P. 47.4.