MEMORANDUM OPINION No. 04-10-00678-CR Michael OLEARY, Appellant v. The STATE of Texas, Appellee From the County Court at Law No. 2, Bexar County, Texas Trial Court No. 323508 Honorable H. Paul Canales, Judge Presiding PER CURIAM Sitting: Rebecca Simmons, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: February 9, 2011 DISMISSED Appellant has filed a motion to dismiss this appeal by withdrawing his notice of appeal.

The motion is granted, and this appeal is dismissed. See TEX. R. APP. P. 42.2(a).

PER CURIAM DO NOT PUBLISH