COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

§ $3,755.00 US CURRENCY (ZACHARY No. 08-10-00008-CV VAN PHIFER, JR.), § Appeal from the Appellant, § v. 9th Judicial District Court § THE STATE OF TEXAS, of Montgomery County, Texas § Appellee. (TC# 09-03-03077-CV) §

MEMORANDUM OPINION Pending before the Court is Appellant’s motion to dismiss this appeal pursuant to TEX .R.APP .P. 42.1(a)(1). Appellant has complied with the requirements of TEX .R.APP .P. 42.1(a)(1), and having considered the motion, we conclude it should be granted. Therefore, we GRANT Appellant’s motion and dismiss the appeal. Costs will be taxed against Appellant. See TEX .R.APP .P. 42.1(d).

February 25, 2010 DAVID WELLINGTON CHEW, Chief Justice Before Chew, C.J., McClure, and Rivera, JJ.