In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-09-00179-CR ______________________________

THE STATE OF TEXAS, Appellant V. TONI ANTWORN ROBERTS, Appellee

On Appeal from the 402nd Judicial District Court Wood County, Texas Trial Court No. 20,624-2009

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

Memorandum Opinion by Justice Moseley MEMORANDUM OPINION The State of Texas, appellant, has filed with this Court a motion to dismiss its appeal. See TEX. R. APP. P. 42.2(a); State v. Miles, 994 S.W.2d 410 (Tex. App.─Waco 1999, no pet.). As authorized by Rule 42.2, we grant the motion. See TEX. R. APP. P. 42.2.

Accordingly, we dismiss the appeal.

Bailey C. Moseley Justice Date Submitted: January 19, 2010 Date Decided: January 20, 2010 Do Not Publish