COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO.  02-10-00326-CR

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FROM COUNTY CRIMINAL Court NO. 6 OF Tarrant COUNTY

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MEMORANDUM OPINION^[1] AND JUDGMENT

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          We have considered appellant’s “Motion To Dismiss.”  Although appellant has not signed the motion in compliance with rule 42.2(a) of the rules of appellate procedure, appellant's attorney indicated in writing in an affidavit for diligent search received in this court on December 8, 2010, that appellant no longer wishes to pursue his appeal. Tex. R. App. P. 42.2(a).  We suspend rule 42.2(a)’s requirement that appellant sign the motion to dismiss the appeal.  Id.; see Tex. R. App. P. 2.  No decision of this court having been delivered before we received this motion, we grant the motion and dismiss the appeal. See Tex. R. App. P. 43.2(f).

                                                                   PER CURIAM

PANEL:  DAUPHINOT, GARDNER, and WALKER, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED:  December 30, 2010