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MEMORANDUM OPINION No. 04-09-00359-CR Francisco HERNANDEZ, Appellant v. The STATE of Texas, Appellee From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2007-CR-0548 Honorable Ron Rangel, Judge Presiding

PER CURIAM Sitting: Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Rebecca Simmons, Justice Delivered and Filed: October 21, 2009 DISMISSED On October 8, 2009, appellant filed a motion to dismiss. The motion is GRANTED, and the appeal is dismissed. See TEX . R. APP . P. 42.2(a).

PER CURIAM DO NOT PUBLISH