In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-09-00180-CR ______________________________

THE STATE OF TEXAS, Appellant V. JUSTIN AUGUSTUS TATUM, Appellee

On Appeal from the 6th Judicial District Court Lamar County, Texas Trial Court No. 22756

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Moseley MEMORANDUM OPINION The State of Texas, appellant, has filed with this Court a motion to dismiss its appeal. See TEX . R. APP . P. 42.2(a); State v. Miles, 994 S.W.2d 410 (Tex. App.—Waco 1999, no pet.). As authorized by Rule 42.2, we grant the motion. See TEX . R. APP . P. 42.2.

Accordingly, we dismiss the appeal.

Bailey C. Moseley Justice Date Submitted: October 27, 2009 Date Decided: October 28, 2009 Do Not Publish