COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-11-00412-CR

JIMMY TYRONE POLTY APPELLANT V. THE STATE OF TEXAS STATE ------------ FROM CRIMINAL DISTRICT COURT NO. 1 OF TARRANT COUNTY ------------ CORRECTED MEMORANDUM OPINION1 AND JUDGMENT ---------- We have considered “Appellant=s Motion To Dismiss His 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. 42.2(a), 43.2(f).

See Tex. R. App. P. 47.4.

PER CURIAM PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.

DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: October 6, 2011