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MEMORANDUM OPINION

No. 04-09-00263-CR Jose Felix MARTINEZ-GARCIA, Appellant v. The STATE of Texas, Appellee From the County Court at Law No. 12, Bexar County, Texas Trial Court No. 254303 Honorable Michael E. Mery, Judge Presiding

PER CURIAM Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: June 3, 2009 DISMISSED Appellant has filed a motion to dismiss this appeal by withdrawing his notice of appeal. The motion is granted and this appeal is dismissed. See TEX . R. APP . P. 42.2(a).

PER CURIAM DO NOT PUBLISH