IN THE TENTH COURT OF APPEALS No. 10-12-00094-CR ELIAS PENISTON, Appellant v. THE STATE OF TEXAS, Appellee

From the County Court at Law No. 1 McLennan County, Texas Trial Court No. 2011-2903-CR1

MEMORANDUM OPINION Elias Peniston appealed his conviction for the offense of driving while intoxicated. TEX. PENAL CODE ANN. § 49.04 (West Supp. 2011). A motion to dismiss the appeal has now been filed. Peniston and his attorney personally signed the motion to dismiss.

Appellant’s motion is granted. The appeal is dismissed. TEX. R. APP. P. 42.2(a).

TOM GRAY Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed May 2, 2012 Do not publish [CR25]

Peniston v. State Page 2