Opinion filed September 13, 2012

In The

Eleventh Court of Appeals __________ No. 11-12-00175-CR __________ JERRY DEWITT WASHINGTON, Appellant V. STATE OF TEXAS, Appellee

On Appeal from the 32nd District Court Nolan County, Texas Trial Court Cause No. 11245

MEMORANDUM OPINION Jerry Dewitt Washington has filed in this court a motion to withdraw his notice of appeal and dismiss his appeal. Pursuant to TEX. R. APP. P. 42.2, the motion is signed by both appellant and his counsel.

The motion is granted. Appellant’s notice of appeal is withdrawn, and the appeal is dismissed.

September 13, 2012 PER CURIAM Do not publish. See TEX. R. APP. P. 47.2(b).

Panel1 consists of: Wright, C.J., McCall, J., and Hill.2 Eric Kalenak, Justice, resigned effective September 3, 2012. The justice position is vacant pending appointment of a successor by the governor or until the next general election.

John G. Hill, Former Chief Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment.