____________________________________________________________

THE STATE OF TEXAS, Appellant,

MARCO ANTONIO RODRIGUEZ, Appellee.

____________________________________________________________

____________________________________________________________

Appellant, the State of Texas, by and through the Cameron County (District) Attorney, the Honorable Armando R. Villalobos, has filed a motion for dismissal of its appeal pursuant to Rule 42.2 of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.2(a). No decision of this Court having been delivered to date, we grant the motion and dismiss the appeal. Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM

Do not publish. See Tex. R. App. P. 47.2(b).

Delivered and filed the 11th

day of February, 2010.