In The Court of Appeals Sixth Appellate District of Texas at Texarkana _________________________ No. 06-12-00164-CR ______________________________

BENJAMIN SHOULTS, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 114th Judicial District Court Smith County, Texas Trial Court No. 114-0369-12

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION Benjamin Shoults, appellant, has filed with this Court a motion to dismiss his appeal. 1 The motion is signed by Shoults and by his counsel in compliance with Rule 42.2(a) of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 42.2(a). As authorized by Rule 42.2, we grant the motion. See TEX. R. APP. P. 42.2.

Accordingly, we dismiss the appeal.

Josh R. Morriss, III Chief Justice Date Submitted: October 1, 2012 Date Decided: October 2, 2012 Do Not Publish

Originally appealed to the Twelfth Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001 (West 2005).