NO. 12-10-00350-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS CHARLES ELLIS SHIRLEY, APPELLANT ' APPEAL FROM THE 173RD V. ' JUDICIAL DISTRICT COURT OF THE STATE OF TEXAS, ' HENDERSON COUNTY, TEXAS APPELLEE MEMORANDUM OPINION PER CURIAM Appellant Charles Ellis Shirley, pro se, has filed a motion to strike his notice of appeal, which we construe as a motion to dismiss. Because Shirley has met the requirements of Texas Rule of Appellate Procedure 42.1(a)(1), the motion is granted, and the appeal is dismissed.

Opinion delivered October 27, 2010.

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

(DO NOT PUBLISH)