MEMORANDUM OPINION No. 04-09-00623-CR The STATE of Texas, Appellant v. Jose Adelso PINCHE-ALVAREZ, Appellee From the 216th Judicial District Court, Kendall County, Texas Trial Court No. 4605 Honorable N. Keith Williams, Judge Presiding PER CURIAM Sitting: Rebecca Simmons, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: February 3, 2010 DISMISSED The State has filed a motion to dismiss this appeal by withdrawing its 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PER CURIAM DO NOT PUBLISH