IN THE

TENTH COURT OF APPEALS

No. 10-09-00160-CR

The State of Texas,

                                                                                    Appellant

 v.

Brian Keith Grisham,

                                                                                    Appellee

From the 12th District Court

Walker County, Texas

Trial Court No. 24254

The State has filed a motion to dismiss its appeal.  See Tex. R. App. P. 42.2(a).  We have not issued a decision in this appeal.  Accordingly, the appeal is dismissed.

REX D. DAVIS

Justice

Before Chief Justice Gray,

Justice Reyna, and

Justice Davis

Dismissed

Opinion delivered and filed November 4, 2009

Do not publish

[CR25]