IN THE TENTH COURT OF APPEALS No. 10-08-00063-CR KENNETH HOWELL KIRK, Appellant v. THE STATE OF TEXAS, Appellee

From the 19th District Court McLennan County, Texas Trial Court No. 2006-1240-C1

MEMORANDUM OPINION

Kenneth Howell Kirk was convicted of two counts of Fraudulent Use of Identifying Information and one count of Theft from the Elderly. See TEX. PENAL CODE ANN. §§ 31.03(f)(3), 32.51 (Vernon 2006). He filed a notice of appeal. He has now filed a Motion to Dismiss Appeal requesting this Court to withdraw the notice of appeal and dismiss the appeal. Kirk personally signed the Motion to Dismiss.

Accordingly, this appeal is dismissed. TEX. R. APP. P. 42.2(a).

TOM GRAY Chief Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis Appeal dismissed Opinion delivered and filed April 1, 2009 Do not publish [CR25]

Kirk v. State Page 2