COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

JESUS DELEON, § No. 08-09-00196-CR Appellant, § Appeal from the v. § Criminal District Court No. 1 § THE STATE OF TEXAS, of Dallas County, Texas § Appellee. (TC# F05-71783-H) §

MEMORANDUM OPINION Pending before the Court is a voluntary motion to dismiss filed by Appellant pursuant to TEX .R.APP .P. 42.2(a). The motion is in compliance with Rule 42.2(a). Accordingly, we grant the motion and dismiss the appeal.

September 23, 2009 DAVID WELLINGTON CHEW, Chief Justice Before Chew, C.J., McClure, and Rivera, JJ. (Do Not Publish)