MEMORANDUM OPINION No. 04-10-00238-CR Rodolfo GARCIA, Appellant v. The STATE of Texas, Appellee From the 406th Judicial District Court, Webb County, Texas Trial Court No. 2009CRS000064D4 Honorable Oscar J Hale, Jr., Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: October 6, 2010 MOTION TO DISMISS GRANTED; DSMISSED Appellant filed a motion to dismiss this appeal. The motion is granted, and this appeal is dismissed. See Tex. R. App. P. 42.2(a).

PER CURIAM

DO NOT PUBLISH