The appellant, Hector Cantu, filed a motion to dismiss this appeal. The motion is voluntarily made by the appellant prior to any decision of this Court. See Tex. R. App. P. 42.1(a)(1). No other party filed notice of appeal. We grant the motion and dismiss the appeal.

APPEAL DISMISSED.

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CHARLES KREGER

Justice

Opinion Delivered March 12, 2009

Before Gaultney, Kreger, and Horton, JJ.