COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

§ MARK HALLADAY, No. 08-10-00344-CR § Appellant, Appeal from the § v. 120th Judicial District Court § of El Paso County, Texas THE STATE OF TEXAS, § (TC# 20040D00900) Appellee. §

MEMORANDUM OPINION Pending before the Court is a motion to dismiss filed by Appellant pursuant to Texas Rule of Appellate Procedure 42.2(a). The motion was filed before our decision in the case and is signed by Appellant and his attorney. Further, a duplicate copy of the motion has been forwarded to the trial court clerk. Because the motion complies with the requirements of Rule 42.2(a), we grant the motion and dismiss the appeal.

March 23, 2011 DAVID WELLINGTON CHEW, Chief Justice Before Chew, C.J., McClure, and Rivera, JJ. (Do Not Publish)