In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-11-00653-CR _________________ JUSTIN ALLEN O’NEAL, Appellant V. THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the 88th District Court Hardin County, Texas Trial Cause No. 18515 ________________________________________________________________________ MEMORANDUM OPINION Appellant Justin Allen O’Neal filed a motion to dismiss his appeal pursuant to Tex. R. App. P. 42.2. The request to dismiss the appeal is signed by appellant personally and joined by counsel of record, who previously filed a brief certifying that he could find no arguable error upon which to base an appeal. No opinion has issued in this appeal.

The appellant requests immediate issuance of our mandate. See Tex. R. App. P. 18.1(c).

The motion is granted, and the appeal is therefore dismissed. We direct the clerk to issue the mandate immediately.

APPEAL DISMISSED.

________________________________ CHARLES KREGER Justice

Submitted September 19, 2012 Opinion Delivered October 10, 2012 Do Not Publish Before McKeithen, C.J., Kreger and Horton, JJ.