NO. 12-10-00154-CR

                         IN THE COURT OF APPEALS

            TWELFTH COURT OF APPEALS DISTRICT

                                      TYLER, TEXAS

BRET KEVIN SIRLES,

APPELLANT                                                     '     APPEAL FROM THE 7TH

V.                                                                         '     JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,                                 '     SMITH 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 August 25, 2010.

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

(DO NOT PUBLISH)