Opinion filed July 14, 2011

In The

Eleventh Court of Appeals __________ No. 11-11-00080-CR __________ JOSEPH ANTHONY DURAN, Appellant V. STATE OF TEXAS, Appellee

On Appeal from the 132nd District Court Borden County, Texas Trial Court Cause No. 206

MEMORANDUM OPINION Joseph Anthony Duran 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.

July 14, 2011 PER CURIAM Do not publish. See TEX. R. APP. P. 47.2(b).

Panel1 consists of: Wright, C.J., McCall, J., and Hill, J.2 Rick Strange, Justice, resigned effective April 17, 2011. The justice position is vacant pending appointment of a successor by the governor.

John G. Hill, Former Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment.