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MEMORANDUM OPINION No. 04-10-00137-CR Rolando Gutierrez SANDOVAL, Appellant v. The STATE of Texas, Appellee From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2005-CR-9043 Honorable Catherine Torres-Stahl, Judge Presiding PER CURIAM Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: April 21, 2010 DISMISSED Appellant has filed a motion to dismiss this appeal by withdrawing his notice of appeal. The motion is granted and this appeal is dismissed. See TEX . R. APP . P. 42.2(a).

PER CURIAM DO NOT PUBLISH