IN THE TENTH COURT OF APPEALS No. 10-08-00277-CR MARK GASS, Appellant v. THE STATE OF TEXAS, Appellee

From the 87th District Court Freestone County, Texas Trial Court No. 07-149-CR

MEMORANDUM OPINION

Appellant has filed a motion to dismiss this appeal. See TEX. R. APP. P. 42.2(a); Crawford v. State, 226 S.W.3d 688, 688 (Tex. App.—Waco 2007, no pet.) (per curiam). We have not issued a decision in this appeal. Appellant personally signed the motion. The Clerk of this Court has sent a duplicate copy to the trial court clerk. Id. Accordingly, the appeal is dismissed.

FELIPE REYNA Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis Appeal dismissed Opinion delivered and filed January 28, 2009 Do not publish [CR25]

Gass v. State Page 2