COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

JESUS GERARDO AVALOS, No. 08-12-00066-CR Appellant, Appeal from the v. Criminal District Court No. 1 THE STATE OF TEXAS, of El Paso County, Texas Appellee. (TC# 20090D01348)

MEMORANDUM OPINION Pending before the Court is a motion to dismiss filed by Appellant pursuant to Texas Rule of Appellate Procedure 42.2(a). The motion was filed before our decision in the case and is signed by Appellant and his attorney. Further, a duplicate copy of the motion has been forwarded to the trial court clerk. Because the motion complies with the requirements of Rule 42.2(a), we grant the motion and dismiss the appeal.

March 14, 2012 CHRISTOPHER ANTCLIFF, Justice Before McClure, C.J., Rivera, and Antcliff, JJ. (Do Not Publish)