Appellant, Justin Edward Harrison a/k/a Justin Harrison, filed a motion to dismiss his appeal pursuant to Tex. R. App. P. 42.2. The motion is signed by appellant personally after counsel filed a brief which certifies that counsel could find no arguable error upon which to base an appeal. We therefore treat the motion to withdraw the appeal as agreed to by counsel. See Tex. R. App. P. 2, 42.2. No opinion has issued in this appeal.

It is ORDERED that the motion to withdraw the notice of appeal is GRANTED, and the appeal is therefore DISMISSED. The Clerk of the Court shall forward a duplicate copy of this opinion to the clerk of the court in which the notice of appeal was filed.

APPEAL DISMISSED.

__________________________

HOLLIS HORTON

Justice

Opinion Delivered November 12, 2009

Do Not Publish

Before Gaultney, Kreger, and Horton, JJ.