Opinion filed August 31, 2011

In The

Eleventh Court of Appeals __________ No. 11-10-00165-CR __________ EDDIE DEAN FOSTER, Appellant V. STATE OF TEXAS, Appellee

On Appeal from the 142nd District Court Midland County, Texas Trial Court Cause No. CR36160

MEMORANDUM OPINION Eddie Dean Foster 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PER CURIAM August 31, 2011 Do not publish. See TEX. R. APP. P. 47.2(b).

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