COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-10-197-CR KEVIN TROY TURNER APPELLANT V. THE STATE OF TEXAS STATE ---------- FROM COUNTY CRIMINAL COURT NO. 10 OF TARRANT COUNTY ---------- MEMORANDUM OPINION1 AND JUDGMENT ---------- We have considered appellant=s AMotion To Dismiss Appeal@ as well as his statement on the record below that he wishes to dismiss his notice of appeal.

Considered in conjunction with the record below, the motion substantially 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: DAUPHINOT, GARDNER, and WALKER, JJ.

DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: August 5, 2010 See Tex. R. App. P. 47.4.