Opinion filed October 27, 2011

In The

Eleventh Court of Appeals __________ No. 11-11-00275-CR __________ ERNEST PATRICK LEWALLEN, Appellant V. STATE OF TEXAS, Appellee

On Appeal from the 350th District Court Taylor County, Texas Trial Court Cause No. 9800-D

MEMORANDUM OPINION Ernest Patrick Lewallen has filed in this court a motion to dismiss his appeal. Pursuant to TEX. R. APP. P. 42.2, the motion is signed by both appellant and his counsel.

The motion is granted, and the appeal is dismissed.

PER CURIAM October 27, 2011 Do not publish. See TEX. R. APP. P. 47.2(b).

Panel consists of: Wright, C.J., McCall, J., and Kalenak, J.