COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-08-387-CR EDDY FABRICIO CARDONA APPELLANT

V. THE STATE OF TEXAS STATE ---------- FROM COUNTY CRIMINAL COURT NO. 8 OF TARRANT COUNTY ---------- MEMORANDUM OPINION 1 AND JUDGMENT ---------- 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DO NOT PUBLISH Tex.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

… See Tex. R. App. P. 47.4.