COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-11-00319-CR NO. 02-11-00320-CR

THE STATE OF TEXAS STATE V. DAVID WAYNE BUTLER APPELLEE

------------ FROM CRIMINAL DISTRICT COURT NO. 1 OF TARRANT COUNTY ------------ MEMORANDUM OPINION1 AND JUDGMENT ---------- We have considered the State’s “Motion To Dismiss State's Brief Appeal.”

The motion complies with rule 42.2(a) of the rules of appellate procedure. Tex. R. App. P. 42.2(a). No decision of this court having been delivered before we received this motion, we grant the motion and dismiss the appeal. See Tex. R. App. P. 43.2(f).

PER CURIAM

See Tex. R. App. P. 47.4.

PANEL: WALKER, MCCOY, and MEIER, JJ.

DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: November 23, 2011