COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS SILVESTRE BUSTOS, § No. 08-09-00061-CR Appellant, § Appeal from the v. § 41st District Court THE STATE OF TEXAS, § of El Paso County, Texas Appellee. § (TC# 20040D02828) § MEMORANDUM OPINION Pending before the Court is a motion to dismiss filed by the 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.

GUADALUPE RIVERA, Justice April 2, 2009 Before Chew, C.J., McClure, and Rivera, JJ. (Do Not Publish)