NO. 12-08-00403-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

PATRICIA DUNBAR EMMONS,

§APPEAL FROM THE 7TH

APPELLANT

V.

§JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE

§SMITH COUNTY, TEXAS

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MEMORANDUM OPINION

PER CURIAM

Appellant has filed a motion to dismiss this appeal. The motion is signed by Appellant and her counsel. No decision having been delivered by this court, the motion is granted, and the appeal is dismissed in accordance with Texas Rule of Appellate Procedure 42.2.

Opinion delivered February 11, 2009.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)

COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

FEBRUARY 11, 2009

NO. 12-08-00403-CR

PATRICIA DUNBAR EMMONS,

Appellant

V.

THE STATE OF TEXAS,

Appellee

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Appeal from the 7th Judicial District Court

of Smith County, Texas. (Tr. Ct. No. 007-0282-08)

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THIS CAUSE came on to be heard on the motion of the Appellant to dismiss the appeal herein, and the same being considered, it is hereby ORDERED, ADJUDGED and DECREED by this Court that the motion be Granted, the appeal be Dismissed, and that this decision be certified to the court below for observance.

By per curiam opinion.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

THE STATE OF TEXAS

M A N D A T E

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TO THE 7TH JUDICIAL DISTRICT COURT OF SMITH COUNTY, GREETINGS:

Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 11th day of February, 2008, the cause upon appeal to revise or reverse your judgment between

PATRICIA DUNBAR EMMONS, Appellant

NO. 12-08-00403-CR; Trial Court No. 007-0282-08

By per curiam opinion.

THE STATE OF TEXAS, Appellee

was determined; and therein our said Court made its order in these words:

"THIS CAUSE came on to be heard on the motion of the Appellant to dismiss the appeal herein, and the same being considered, it is hereby ORDERED, ADJUDGED and DECREED by this Court that the motion be Granted, the appeal be Dismissed, and that this decision be certified to the court below for observance."

WHEREAS, WE COMMAND YOU to observe the order of our said Court of Appeals for the Twelfth Court of Appeals District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed.

WITNESS, THE HONORABLE JAMES T. WORTHEN, Chief Justice of our Court of Appeals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of Tyler, this the ______ day of __________________, 200____.

CATHY S. LUSK, CLERK

By:_______________________________

Deputy Clerk