COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-10-147-CR

KENNETH K. MCMILLAN APPELLANT

V. THE STATE OF TEXAS STATE

---------- FROM CRIMINAL DISTRICT COURT NO. 3 OF TARRANT COUNTY ---------- MEMORANDUM OPINION1 AND JUDGMENT ---------- We have considered “Appellant=s Motion To Withdraw Notice Of Appeal And Dismiss Appeal.@ The motion complies with rule 42.2(a) of the rules of appellate procedure. Tex. R. App. P. 42.2(a). 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. 42.2(a), 43.2(f).

PER CURIAM PANEL: MEIER, J.; LIVINGSTON, C.J.; and GABRIEL, J.

DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: October 28, 2010 See Tex. R. App. P. 47.4.