NO. 12-10-00169-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS NIJINSKI TWON MURPHY, APPELLANT ' APPEAL FROM THE 420TH V. ' JUDICIAL DISTRICT COURT OF THE STATE OF TEXAS, ' NACOGDOCHES COUNTY, TEXAS APPELLEE MEMORANDUM OPINION PER CURIAM Appellant has filed a motion to dismiss this appeal. The motion is signed by Appellant and his counsel. No decision has been delivered in this appeal. Accordingly, Appellant’s motion to dismiss is granted, and the appeal is dismissed. See TEX. R. APP. P. 42.2(a).

Opinion delivered October 20, 2010.

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

(DO NOT PUBLISH)