In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-10-00180-CR ______________________________

TONY CLARKSTON JOHNSON, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the Fourth Judicial District Court Rusk County, Texas Trial Court No. CR09-333

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Carter MEMORANDUM OPINION Tony Clarkston Johnson, appellant, has filed with this Court a motion to dismiss his appeal.

The motion is signed by Johnson and by his counsel in compliance with Rule 42.2(a) of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 42.2(a). As authorized by Rule 42.2, we grant the motion. See TEX. R. APP. P. 42.2.

Accordingly, we dismiss the appeal.

Jack Carter Justice Date Submitted: November 16, 2010 Date Decided: November 17, 2010 Do Not Publish