COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-10-339-CR

PATRICK BERRYMAN DEVENNY APPELLANT A/K/A PATRICK SCOTT DEVENNY V. THE STATE OF TEXAS STATE ---------- FROM THE 355TH DISTRICT COURT OF HOOD COUNTY ---------- MEMORANDUM OPINION1 AND JUDGMENT ---------- We have considered “Appellant=s Motion To Dismiss.@ 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DO NOT PUBLISH Tex.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 7, 2010 See Tex. R. App. P. 47.4.