NO. 07-08-0474-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B FEBRUARY 5, 2009 ______________________________ MICHAEL GREG TIMMONS, APPELLANT V. THE STATE OF TEXAS, APPELLEE _________________________________ FROM THE 100TH DISTRICT COURT OF CHILDRESS COUNTY; NO. 4645; HONORABLE DAN MIKE BIRD, JUDGE _______________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

ON MOTION TO DISMISS

Pending before this Court is appellant’s motion to dismiss his appeal. Appellant and his attorney have both signed the motion. Tex. R. App. P. 42.2(a). No decision of this Court having been delivered to date, we grant the motion. Accordingly, the appeal is dismissed. No motion for rehearing will be entertained and our mandate will issue forthwith.

James T. Campbell Justice Do not publish.